· 10/7/1991
Burr Stafford v. Mobil Oil Corporation
Citations
- 945 F.2d 803
- 1991 U.S. App. LEXIS 23513
- 1991 WL 199010
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- vacating an injunction for lack of subject-matter jurisdiction where the plaintiff inadequately pleaded diversity, the record did not establish complete diversity, and the district court made no express jurisdictional finding or ruling before issuing the injunction
- “When jurisdiction depends on citizenship, citizenship should be distinctly and affirmatively alleged.” (internal citation omitted)
- party may amend to make complete statement of jurisdiction, but when jurisdiction does not exist it may not be cured by amendment
- “Thus, [s]ection 1653 provides a method for curing defective allegations of jurisdiction’ where the defect is merely one of the pleading and not one of an absence of proof of facts necessary to establish diversity of citizenship.”
- “Failure adequately to allege the basis for diversity jurisdiction mandates dismissal.”
- “Failure adequately to allege the basis for diversity jurisdiction mandates dismissal.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Reavley, Garwood, Barksdale
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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