Topic: the burden of establishing subject-matter jurisdiction is o… · Go Syfert
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Topic #218

6 canonical passages across 5 cases, quoted by 113 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 Montoya v. Chao.

#Case FlagCanonical passage Citers
1 Montoya v. Chao Anchor
ca10 · 2002
green “the burden of establishing subject-matter jurisdiction is on the party asserting jurisdiction.” 39
2 McNutt v. General Motors Acceptance Corp.
scotus · 1936
green “the burden of establishing subject-matter jurisdiction is on the party asserting jurisdiction.” 29
3 Garley v. Sandia Corp.
ca10 · 2001
green “the presence or absence of federal-question jurisdiction is governed by the 'well-pleaded complaint rule,' which provides that federal jurisdiction exists only when a federal question is presented on the face of the plaintiff's properly pleaded complaint.” 18
4 Brereton v. Bountiful City Corp.
ca10 · 2006
green “a longstanding line of cases from this circuit holds that where the district court dismisses an action for lack of jurisdiction, . . . the dismissal must be without prejudice.” 8
5 American National Bank And Trust Company Of Sapulpa v. Bic Corporation
ca10 · 1991
green “if, as defendant suggests, plaintiffs joined the oklahoma residents without good faith, defendant may remove on the grounds of fraudulent joinder.” 8

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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