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· 2/28/2001

Howery v. Allstate Ins Company

Citations

  • 243 F.3d 912
  • 2001 U.S. App. LEXIS 2890
  • 2001 WL 203072

How courts have described this case

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

  • explaining that federal courts must presume a suit is beyond their limited jurisdiction until the “party seeking the federal forum” proves otherwise
  • explaining that federal courts have limited subject matter jurisdiction
  • dismissing case because record did not contain allegations establishing complete diversity
  • “[I]f there is no evidence of diversity on the record, we cannot find diversity jurisdiction, and we must dismiss the action for lack of jurisdiction.”
  • “[Federal courts] must presume that a suit lies outside [their] limited jurisdiction.... ”
  • “We must presume that a suit lies outside this limited jurisdiction, and the burden of establishing federal jurisdiction rests on the party seeking the federal forum.”

Source: CourtListener parenthetical corpus (CC0).

Judges: King, Higginbotham, Duhé

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.