Bobby Goble v. John O. Marsh, Jr., Individually and in His Capacity as Secretary of the Army Frank J. Preston v. John O. Marsh, Jr.

How courts have described this case

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

• in section 1653 “Congress intended to permit amendment broadly to avoid dismissal of suits on technical grounds”
• “Congress intended to permit amendment broadly to avoid dismissal of suits on technical grounds.” (citations omitted)
• “Plaintiffs whose damages exceed $10,000 may waive all claims greater than $10,000 in order to establish the jurisdiction of the District Court.”
• “We agree with the District Court that, so far, [plaintiff-]appellants have not succeeded in meeting their burden of establishing that the District Court has jurisdiction over their claims.” (emphasis added)
• “From the outset courts have permitted plaintiffs to remain in District Court under the Tucker Act even if their damages exceed $10,000 in amount, as long as they waive any claims in excess of $10,000.”
• “In cases involving waiver of claims against the government in excess of $10,000, the existence of jurisdiction in the District Court depends on the plaintiff’s choice, as long as the waiver is clearly and adequately expressed.”

Source: CourtListener parenthetical corpus (CC0).