Aetna Casualty & Surety Co. v. Michael A. Hillman

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that Rule 15 does not permit a plaintiff to amend its complaint to substitute a new plaintiff to cure a lack of subject matter jurisdiction
• holding that, when “there was not merely a defective allegation of jurisdiction, but rather there was no tendered showing that jurisdiction in fact existed under the original or amended complaint,” § 1653 is “inapplicable”
• noting that a plaintiff may amend to correct a “formal” rather than “actual” jurisdictional deficiency
• analyzing Rockwell International Corp. v. United States, 549 U.S. 457, 473-74 (2007)
• “[I]f Aetna did not have the ability to bring the suit . . . it could not amend.”
• “[I]f Aetna did not have the ability to bring the suit . . . it could not amend.”

Source: CourtListener parenthetical corpus (CC0).