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11 canonical passages across 7 cases, quoted by 210 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 Dutcher v. Matheson.
| # | Case | Flag | Canonical passage | Citers |
|---|---|---|---|---|
| 1 | Dutcher v. Matheson Anchor | green | “to establish fraudulent joinder, the removing party must demonstrate either: (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.” | 54 |
| 2 | Smoot v. Chicago, Rock Island And Pacific Railroad Company | green | “this does not mean that the federal court will pre-try, as a matter of course, doubtful issues of fact to determine removability; the issue must be capable of summary determination and be proven with complete certainty.” | 30 |
| 3 | Penteco Corporation Limited Partnership--1985a, an Oklahoma Limited Partnership v. Union Gas System, Inc., a Kansas Corporation | green | “since federal courts are courts of limited jurisdiction, there is a presumption against our jurisdiction, and the party invoking federal jurisdiction bears the burden of proof.” | 26 |
| 4 | Rotan v. Farmers Insurance Group of Companies, Inc. | green | “this duty rests, in part, on specialized knowledge about the terms and conditions of insurance policies generally.” | 21 |
| 5 | Specialty Beverages, L.L.C v. Pabst Brewing Co. | green | “may arise if a party selectively discloses facts that create a false impression.” | 17 |
| 6 | Swickey v. Silvey Companies | green | “an agent has the duty to act in good faith and use reasonable care, skill and diligence in the procurement of insurance and an agent is liable to the insured if, by the agent's fault, insurance is not procured as promised and the insured suffers a loss.” | 16 |
| 7 | Swickey v. Silvey Companies | green | “by the agent's fault, insurance was not procured as promised.” | 12 |
| 8 | Swickey v. Silvey Companies | green | “duty to act in good faith and use reasonable care, skill, and diligence in the procurement of insurance.” | 11 |
| 9 | Bankers Trust Co. v. Brown | green | “constructive fraud is the concealment of material facts which one is bound under the circumstances to disclose.” | 11 |
| 10 | Rotan v. Farmers Insurance Group of Companies, Inc. | green | “to discharge their duty to act in good faith and use reasonable care, skill, and diligence in the procurement of insurance, including use of their specialized knowledge about the terms and conditions of insurance policies, insurance agents need only offer coverage mandated by la…” | 9 |
| 11 | Bankers Trust Co. v. Brown | green | “the concealment of material facts which one is bound under the circumstances to disclose.” | 3 |
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.