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DEAJESS MEDICAL IMAGING v. ALLSTATE INS.

No. 03 Civ.8779 (LAK).

344 F.Supp.2d 907 (2004)

DEAJESS MEDICAL IMAGING, P.C., et ano., Plaintiffs, v. ALLSTATE INSURANCE COMPANY, Defendant.

United States District Court, S.D. New York.

November 12, 2004.

Attorney(s) appearing for the Case

Moshe D. Fuld, Law Office of Moshe D. Fuld, P.C., for Plaintiffs.

Harlan R. Schreiber, Tell, Cheser & Breitbart, L.L.P., for Defendant.

MEMORANDUM OPINION

KAPLAN, District Judge.

Legal scholars long have questioned the continued desirability of diversity jurisdiction,1 particularly when it is applied to situations that defy its historical justification.2 This case is another example of a plaintiff attempting to invoke diversity jurisdiction in a situation entirely inconsistent with the original purposes of the statute.

Plaintiff...

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