Topic: the removing party bears the burden of proof regarding the … · Go Syfert
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Topic #343

6 canonical passages across 4 cases, quoted by 79 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 City of Vestavia Hills v. General Fidelity Insurance.

#Case FlagCanonical passage Citers
1 City of Vestavia Hills v. General Fidelity Insurance Anchor
ca11 · 2012
green “the removing party bears the burden of proof regarding the existence of federal subject matter jurisdiction.” 25
2 Jacqueline Burns v. Windsor Insurance Co.
ca11 · 1994
green “here plaintiff and defendant clash about jurisdiction, uncertainties are resolved in favor of remand.” 21
3 Geoffrey Scimone v. Carnival Corporation
ca11 · 2013
green “the burden of establishing removal jurisdiction rests with the defendant seeking removal” 10
4 Rex T. Morrison v. Allstate Indemnity Co.
ca11 · 2000
green “ower federal courts are empowered to hear only cases for which there has been a congressional grant of jurisdiction ... .” 9
5 Geoffrey Scimone v. Carnival Corporation
ca11 · 2013
green “he burden of establishing removal jurisdiction rests with the defendant seeking removal.” 9
6 Jacqueline Burns v. Windsor Insurance Co.
ca11 · 1994
green “emoval statutes are construed narrowly; where plaintiff and defendant clash about jurisdiction, uncertainties are resolved in favor of remand.” 5

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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