· 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 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.