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· 12/11/1968

New York v. Fuller

Citations

  • 403 F.2d 719

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 plaintiff’s complaint should have been dismissed because “[o]n its face . . . [it] manifests a lack of diversity jurisdiction”
  • holding that, in a case in which the plaintiff’s complaint failed to allege diversity jurisdiction, the case should be dismissed “without prejudice to the plaintiffs’ right to pursue their remedy in a subsequent state proceeding”
  • holding DiFrischia distinguishable even though defendant did not raise jurisdictional defect until adverse judgment was rendered
  • assessing costs and attorney fees against defendant for bad faith refusal to seek dismissal before appeal
  • explaining generally that a district court “lacking [subject-matter] jurisdiction cannot render judgment”
  • “A court lacking jurisdiction cannot render judgment but must dismiss the cause at any stage of the proceedings in which it becomes apparent that jurisdiction is lacking.”

Source: CourtListener parenthetical corpus (CC0).

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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.