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626 F.2d 293·
3d Cir.·
1980-07-10
·cited 51×
The court held that the district court's record was insufficient to determine if Ivana was an indispensable party and that the complaint could be amended to substitute Lucille as administratrix to cure defective jurisdictional allegations.
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615 F.2d 1176·
7th Cir.·
1980-02-19
·cited 38×
A naturalized U.S. citizen domiciled abroad, who also holds citizenship in a foreign state, cannot invoke alienage jurisdiction under 28 U.S.C. § 1332(a)(2) if the opposing party is a U.S. citizen domiciled in the same state, due to the complete diversity rule.
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316 F.2d 848·
9th Cir.·
1963-03-21
·cited 24×
The court held that a design patent is invalid if the design is dictated primarily by functional requirements rather than ornamental appeal, and that copying an invalid patent's design does not constitute unfair competition without proof of 'palming off' or secondary meaning.
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588 F.2d 655·
9th Cir.·
1978-03-30
·cited 21×
The dissent argues that the voluntary-involuntary rule should not preclude removal when the elimination of the resident defendant is final and no duplication of state proceedings would occur.
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854 F.2d 916·
7th Cir.·
1988-08-11
·cited 20×
The court agrees with the majority's result and much of its reasoning, while also sympathizing with the dissent's concerns about jurisdictional errors.
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921 F.2d 1310·
3d Cir.·
1990-12-13
·cited 15×
The court held that the petitioners failed to demonstrate a clear and indisputable lack of subject matter jurisdiction, and therefore, their petitions for writs of mandamus and prohibition were denied.
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580 F.2d 647·
D.C. Cir.·
1978-05-04
·cited 14×
The U.S. Court of Appeals for the District of Columbia reinstated a prior panel opinion, modified to strike the jurisdictional section. The en banc court held that the U.S. District Court for the District of Columbia had jurisdiction over local law claims under a provision of the
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841 F.2d 1003·
9th Cir.·
1988-03-15
·cited 12×
The court held that the removal petition was objectively frivolous and subject to sanctions under Fed.R.Civ.P. 11, but due to the apparent good faith of counsel, the publication of the order would serve as sufficient sanction.
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683 F.2d 927·
5th Cir.·
1982-08-25
·cited 12×
The court held that federal courts should not exercise discretionary jurisdiction over ancillary state law claims when the main federal claim has been settled and dismissed, especially when complex state law issues are involved.
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275 F.2d 492·
3d Cir.·
1960-03-07
·cited 12×
A contractor who retains the right to control and occupy the premises, even after subcontracting the work, is considered a 'statutory employer' under Pennsylvania law and is immune from common-law negligence suits.
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303 F.2d 57·
1st Cir.·
1962-05-14
·cited 10×
The court held that claims arising from a single loss under multiple insurance policies with interlocking clauses are not 'separate and independent' for removal purposes under 28 U.S.C. § 1441(c).
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592 F.2d 846·
5th Cir.·
1979-04-05
·cited 8×
An order remanding a case to state court, when issued under 28 U.S.C. § 1447(c) for lack of jurisdiction, is not reviewable on appeal.
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913 F.2d 228·
5th Cir.·
1990-10-01
·cited 6×
The court held that a lack of complete diversity means federal courts lack subject matter jurisdiction, requiring vacation of the judgment and remand to state court.
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429 F.2d 77·
5th Cir.·
1970-07-09
·cited 3×
The court held that the district court properly dismissed the action for failure to join indispensable parties, as their joinder would destroy diversity jurisdiction.
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697 F.2d 160·
6th Cir.·
1983-01-14
·cited 2×
The court held that the district court did not abuse its discretion in dismissing the action for lack of diversity jurisdiction when an indispensable party, whose joinder would destroy diversity, could not be joined.
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983 F.2d 82·
7th Cir.·
1993-01-06
The court held that the district court had jurisdiction because the plaintiff, as legal titleholder of the note, met the amount in controversy requirement and complete diversity existed.