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· 11/28/1922

McWhorter v. Pitman's Administrator

Citations

  • 196 Ky. 618
  • 245 S.W. 133
  • 1922 Ky. LEXIS 551

How courts have described this case

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

  • casting doubt on the insolvency exception following Grupo Mexicano de Desarrollo S.A. v. Alliance Bond Fund, Inc., 527 U.S. 308 (1999)
  • determining “ although some of the Plaintiffs claims sound in equity, those claims are entirely duplicative of the Plaintiffs breach of contract claims” and therefore a preliminary injunction based on the insolvency exception was not applicable
  • “[C]ourts have repeatedly found that complaints failed to allege diversity of citizenship jurisdiction where the allegations focus solely on a party’s residence.”
  • “[A]s is true of civil actions generally, an independent basis for asserting federal question or diversity jurisdiction must be shown, in order for a court to grant preliminary relief.” (citing 11A Fed. Prac. & Proc. Civ. § 2941 (3d ed.) (internal quotation marks omitted))

Source: CourtListener parenthetical corpus (CC0).

Judges: Clay

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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.