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· 2/4/2014

Carolina Casualty Insurance Co v. Team Equipment, Inc.

Citations

  • 741 F.3d 1082
  • 2014 WL 407389
  • 2014 U.S. App. LEXIS 2138

How courts have described this case

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

  • holding that a complaint is defective if it alleges diversity jurisdiction based on 2 residency rather than citizenship
  • holding that a complaint is defective if it alleges diversity jurisdiction based on 21 residency rather than citizenship
  • recognizing that challenge and allowing parties to plead jurisdictional requirements on information and belief
  • explaining that a party is not “required to plead jurisdiction 2 affirmatively based on actual knowledge” at pre-service, pre-answer stage of proceedings
  • allowing plaintiff to plead jurisdictional allegations on information and belief “where the facts supporting jurisdiction [were] not reasonably ascertainable by the plaintiff’
  • allowing plaintiff to plead jurisdictional allegations on information and belief 12 “where the facts supporting jurisdiction [were] not reasonably ascertainable by the 13 plaintiff”

Source: CourtListener parenthetical corpus (CC0).

Judges: Fisher, Clifton, Singleton

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.