Erskine v. Heinze

How courts have described this case

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

• holding § 1653 applies to remedy inadequate allegations of jurisdication, not to new causes of action
• stating that “tactical manipulation [by the] plaintiff cannot . . . be condoned”
• finding federal jurisdiction wanting after the plaintiff dropped the only federal claim from the complaint, reasoning “that the plaintiff must be held to the jurisdictional consequences of a voluntary abandonment of claims that would otherwise provide federal jurisdiction”
• court lacked jurisdiction when plaintiff withdrew claims that originally provided jurisdiction
• court lacked jurisdiction when plaintiff withdrew claims that originally provided jurisdiction
• “[B]ecause the burden is on the plaintiff to establish jurisdiction in the first instance, we conclude that the plaintiff must be held to the jurisdictional consequences of a voluntary abandonment of claims that would otherwise provide federal jurisdiction.”

Source: CourtListener parenthetical corpus (CC0).