Safe Cig then filed two appeals claiming the damages were excessive and NewGen failed to plead diversity jurisdiction in its original complaint and prove jurisdiction prior to entry of the default judgment. NewGen, in turn, filed an amended complaint alleging that the parties were of diverse citizenship. Safe Cig then filed an answer challenging the allegations based on Safe Cig's purported lack of knowledge and information about the citizenship of its members.
The district court struck down most of Safe Cig's answers as "immaterial or impertinent" and accepted NewGen's amended allegations of diversity citizenship under 28 U.S.C. 1653 to cure the defective allegations of diversity jurisdiction, upholding the original district court's award.
Harry Van Camp, with the assistance of Deborah C. Meiners, J. Wesley Webendorfer and Susan George, represented NewGen throughout the litigation. The case was argued by Harry Van Camp in the Court of Appeals on behalf of NewGen.
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