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· 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 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.