Topic: any doubt about the propriety of removal must be resolved i… · Go Syfert
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Topic #1024

9 canonical passages across 4 cases, quoted by 243 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Jennifer Gasch and Tammy Gasch, as Next Friend to Z.G., a Minor v. Hartford Accident & Indemnity Company and Karen Frazier.

#Case FlagCanonical passage Citers
1 Jennifer Gasch and Tammy Gasch, as Next Friend to Z.G., a Minor v. Hartford Accident & Indemnity Company and Karen Frazier Anchor
ca5 · 2007
green “any doubt about the propriety of removal must be resolved in favor of remand.” 45
2 Settlement Funding, L.L.C. v. Rapid Settlements, Ltd.
ca5 · 2017
green “federal courts are courts of limited jurisdiction.” 37
3 Kelli Smallwood v. Illinois Central Railroad Company Mississippi Department of Transportation
ca5 · 2004
green “(1) actual fraud in the pleading of jurisdictional facts, or (2) inability of the plaintiff to establish a cause of action against the non-diverse party in state court.” 35
4 Kelli Smallwood v. Illinois Central Railroad Company Mississippi Department of Transportation
ca5 · 2004
green “whether the defendant has demonstrated that there is no possibility of recovery by the plaintiff against an in-state defendant, which stated differently means that there is no reasonable basis for the district court to predict that the plaintiff might be able to recover against …” 32
5 Jennifer Gasch and Tammy Gasch, as Next Friend to Z.G., a Minor v. Hartford Accident & Indemnity Company and Karen Frazier
ca5 · 2007
green “strictly construed, and any doubt about the propriety of removal must be resolved in favor of remand.” 21
6 Settlement Funding, L.L.C. v. Rapid Settlements, Ltd.
ca5 · 2017
green “must presume that a suit lies outside this limited jurisdiction, and the burden of establishing federal jurisdiction rests on the party seeking the federal forum.” 21
7 Jennifer Gasch and Tammy Gasch, as Next Friend to Z.G., a Minor v. Hartford Accident & Indemnity Company and Karen Frazier
ca5 · 2007
green “be strictly construed, and any doubt about the propriety of removal must be resolved in favor of remand.” 20
8 McLaughlin v. Mississippi Power Co.
ca5 · 2004
green “the concept . . . that all persons on one side of the controversy be citizens of different states than all persons on the other side.” 18
9 McLaughlin v. Mississippi Power Co.
ca5 · 2004
green “the concept of complete diversity requires that all persons on one side of the controversy be citizens of different states than all persons on the other side.” 14

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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