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· 7/1/1975

Rose M. Clark v. National Travelers Life Insurance Company

Citations

  • 518 F.2d 1167
  • 1975 U.S. App. LEXIS 13910

How courts have described this case

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

  • observing that appellate courts have no duty to “create a claim which [the litigant] has not spelled out in [her] pleading.”
  • explaining “there is no ‘duty [on the part] of the trial court or the appellate court to create a claim which [Khatri] has not spelled out in his pleading’”
  • “there is no ‘duty [on the part] of the trial court or the appellate court to create a claim which appellant has not spelled out in his pleading’ ”
  • “It is settled that the statutory penalty and a statutory attorney’s fee can be considered in determining whether the jurisdictional amount is met.”
  • “It is settled that the statutory penalty and a statutory attorneys’ fee can be considered in determining whether the jurisdictional amount is met.”
  • “[A] court cannot ‘create a claim which [a plaintiff] has not spelled out in his pleading.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Peck, McCree, Engel

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.