Terry Southwood v. State of Indiana (mem. dec.)

How courts have described this case

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

• explaining that issues first raised on appeal generally are waived absent exceptional circumstances
• Removing party “bears the burden of proof, by a preponderance of the evidence, to show the parties’ citizenship to be diverse.”
• deferring to the district court’s finding of credibility when the opponent argued against the credibility and weight of the evidence but “offered no contradictory evidence”
• avoiding the need to determine whether the trustees or beneficiaries need be considered by showing that all of the trustees and beneficiaries were citizens of states other than those of which the opposing parties were citizens
• “Issues raised for the first time on appeal are generally not considered by this Court.”
• “Issues raised for the first time on appeal are generally not considered by this Court.”

Source: CourtListener parenthetical corpus (CC0).