· 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).
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.