· 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 CourtListenerSourced 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.