Topic: (1) actual fraud in the pleading of jurisdictional facts, o… · Go Syfert
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Topic #1286

9 canonical passages across 6 cases, quoted by 205 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 Travis v. Irby.

#Case FlagCanonical passage Citers
1 Travis v. Irby Anchor
ca5 · 2003
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.” 52
2 Adrian Cavallini v. State Farm Mutual Auto Insurance Co.
ca5 · 1995
green “summary judgment-type evidence such as affidavits and deposition testimony.” 26
3 Robert Lee Beck, Md, Dmd v. Texas State Board Of Dental Examiners
ca5 · 2000
green “may not rest upon the mere allegations or denials of their pleadings.” 25
4 Badon v. R J R Nabisco Inc
ca5 · 2000
green “in the absence of any proof, assume that the nonmoving party could or would prove the necessary facts” 25
5 Jernigan v. Ashland Oil Inc.
ca5 · 1993
green “any civil action brought in a state court of which the district courts of the united states have original jurisdiction, may be removed ... to the district court of the united states for the district and division embracing the place where such action is pending.” 23
6 Jernigan v. Ashland Oil Inc.
ca5 · 1993
green “arguably a reasonable basis for predicting that the state law might impose liability on the facts involved, then there is no fraudulent joinder” 21
7 Richard J. Dodson v. Spiliada Maritime Corp.
ca5 · 1992
green “if the plaintiffs pleading is pierced and it is shown that as a matter of law there is no reasonable basis for predicting that the plaintiff might establish liability on that claim against the in-state defendant.” 14
8 Badon v. R J R Nabisco Inc
ca5 · 2000
green “if the plaintiffs pleading is pierced and it is shown that as a matter of law there is no reasonable basis for predicting that the plaintiff might establish liability on that claim against the in-state defendant.” 13
9 Badon v. R J R Nabisco Inc
ca5 · 2000
green “we do not ... in the absence of any proof, assume that the nonmoving party could or would prove the necessary facts.” 6

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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