· 8/24/2005
Michael Altimore v. Mount Mercy College, Cedar Rapids, Iowa
Citations
- 420 F.3d 763
- 23 I.E.R. Cas. (BNA) 567
- 2005 U.S. App. LEXIS 18130
- 2005 WL 2016942
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the party removing to federal court “bears the burden of establishing jurisdiction by a preponderance of the evidence”
- removing defendant bears the burden of establishing federal jurisdiction by a preponderance of the evidence
- considering domicile factors of residence, employment, voting, medical treatment, paying taxes, and driver’s license
- evaluating evidence to determine whether the plaintiff had changed his domicile
- “Whether diversity of citizenship exists is determined at the time the suit is filed—not when the cause of action arose.” (citation omitted)
- The removing party “bears the burden of establishing jurisdiction by a preponderance of the evidence.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Riley, Bowman, Benton
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.