B., Inc. v. Miller Brewing Company

How courts have described this case

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

• finding that a “trial court must be certain of its jurisdiction before embarking upon a safari in search of a judgment on the merits”
• stating that the treatment for his back has thus far included “two medial branch blocks at L5-S1 . . . , and [he] is scheduled to undergo a radiofrequency ablation.”
• explaining that \it is the party who urges jurisdiction upon the court who must always bear the burden of demonstrating that the case is one which is properly before the federal tribunal\
• acknowledging general rule that denial of remand is not appealable, but holding concomitant dismissal of non-diverse defendants, certified as final under Rule 54(b), permitted review
• “where an out-of-state defendant removes an action from state to federal court, the burden is upon the removing party to plead a basis for federal jurisdiction”
• “Ordinarily, a district court’s refusal to remand an action is not in and of itself a final order and cannot be reviewed unless and until a final judgment has been entered.”

Source: CourtListener parenthetical corpus (CC0).