Harara

Harara v. Nike, Inc.

Good Law
34 F. App'x 539
United States Court of Appeals for the Ninth CircuitApril 16, 2002No. 01-15562; D.C. No. CV-98-02859-MJJCalifornia674 words

Opinion

Lead Opinion

MEMORANDUM **

Marwan A. Harara appeals pro se the district court’s summary judgment for defendants in his diversity action alleging Nike violated his civil rights and participated in unfair business practices by creating and using an offensive logo. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Shawmut Bank, N.A. v. Kress, 33 F.3d 1477 , 1484 (9th Cir.1994), and we affirm.

The district court properly denied Harara’s motion to remand for lack of federal jurisdiction. The federal court had diversity jurisdiction because Harara and Nike are citizens of different states and the amount in controversy exceeds $75,000. See 28 U.S.C. §§ 1332 , 1441(a); Lee v. Am. Nat’l Ins. Co., 260 F.3d 997, 1002-03 (9th Cir.2001). Further, Harara had standing because he adequately alleged injury in fact, causation, and redressability. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992).

The district court properly declined to abstain under the Pullman abstention doctrine because, among other things, this action did not require the district court to address any constitutional issues. See Fireman’s Fund Ins. Co. v. City of Lodi,…

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