A Call for the End of the Doctrine of Realignment

36 Pages Posted: 3 Dec 2008 Last revised: 10 Nov 2011

See all articles by Jacob S. Sherkow

Jacob S. Sherkow

University of Illinois College of Law; Carle Illinois College of Medicine; University of Illinois at Urbana-Champaign - European Union Center; University of Illinois at Urbana-Champaign - Carl R. Woese Institute for Genomic Biology

Date Written: December 3, 2008

Abstract

In Indianapolis v. Chase National Bank, 1941, the Supreme Court established the doctrine of realignment, requiring federal courts to examine the issues in dispute and realign each party as plaintiff or defendant if necessary. Due to the complete diversity requirement, realignment gave the federal courts the ability to both create and destroy diversity jurisdiction. Since 1941, the federal courts have struggled to interpret the central holding in Indianapolis, and have created several competing "tests" for realignment. This confusion has made the doctrine of realignment unworkable. Realignment-along with each of the present tests-encourages jurisdictional abuses by forcing the federal courts to examine the merits of jurisdictionally questionable cases. The doctrine also discourages party joinder because parties fear jurisdictionally altering realignment. Rather than focusing on the language of Indianapolis and the current realignment tests, courts wary of improperly aligned pleadings should make use of newer jurisdictional statutes enacted after Indianapolis. In light of realignment's infirmity and the availability of newer, effective legislation, the federal courts should wholly abandon the doctrine of realignment.

Keywords: jurisdiction, diversity, realignment, federal courts, civil procedure, alignment, party alignment, joinder, indianapolis, chase national bank

JEL Classification: K1, K10, K19, K4, K40, K41

Suggested Citation

Sherkow, Jacob S., A Call for the End of the Doctrine of Realignment (December 3, 2008). Michigan Law Review, Vol. 107, No. 3, p. 525, 2008, Available at SSRN: https://ssrn.com/abstract=1310792

Jacob S. Sherkow (Contact Author)

University of Illinois College of Law ( email )

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States

Carle Illinois College of Medicine ( email )

506 S Mathews Ave
Urbana, IL 61801
United States

University of Illinois at Urbana-Champaign - European Union Center ( email )

Coble Hall
801 S Wright St
Champaign, IL 61820

University of Illinois at Urbana-Champaign - Carl R. Woese Institute for Genomic Biology ( email )

Urbana, IL
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
100
Abstract Views
1,152
Rank
479,512
PlumX Metrics