United States Ninth Circuit

In an action challenging an almost $1.5 million default judgment awarded in plaintiff's favor as void for lack of subject matter jurisdiction, in an underlying business contractual dispute, the District Court's judgment is affirmed where: 1) the District Court properly permitted plaintiff to amend its complaint under 28 U.S.C. section 1653 to cure the defective allegations of diversity jurisdiction; 2) nothing in the text of section 1653 suggested that it applied only to judgments on the merits, and not to default judgments; and 3) the district court had subject matter jurisdiction.

Appellate Information

• Published 2016/09/07

Judges

• McKEOWN

Court

• United States Ninth Circuit

Counsel