§Why CasetextPricing

Ashford v. Aeroframe Services L L C et al

MOTION to Dismiss for Lack of Jurisdiction

15 Cited authorities

  1. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 11,856 times   14 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

  2. Bender v. Williamsport Area School Dist

    475 U.S. 534 (1986)   Cited 2,891 times   1 Legal Analyses
    Holding that a school board member sued in his official capacity was bound by the board’s litigation decisions and could not file his own notice of appeal

  3. Owen Equipment Erection Co. v. Kroger

    437 U.S. 365 (1978)   Cited 4,041 times
    Holding no diversity jurisdiction over claim by plaintiff against third-party defendant because both were Iowa citizens

  4. St. Paul Indemnity Co. v. Cab Co.

    303 U.S. 283 (1938)   Cited 6,045 times   14 Legal Analyses
    Holding that when a complaint filed pleads more than the jurisdictional amount required for federal jurisdiction, "the sum claimed by the plaintiff controls if the claim is apparently made in good faith" and that "[i]t must appear to a legal certainty that the claim is really for less than the jurisdictional amount to justify dismissal"

  5. Renne v. Geary

    501 U.S. 312 (1991)   Cited 529 times
    Holding that respondents have "failed to demonstrate a live dispute involving the actual or threatened application of [state statute] to bar particular speech"

  6. Wyatt v. Avoyelles Parish School Bd.

    831 So. 2d 906 (La. 2002)   Cited 45 times
    Holding that School Board violated Section 23:631 where it failed to pay amounts actually accrued and not lost by retired employees pursuant to School Board's "use it or lose it" accrued benefits policy

  7. Powell v. Offshore Navigation, Inc.

    644 F.2d 1063 (5th Cir. 1981)   Cited 82 times
    Holding that citizenship of defendant named in admiralty claim must be considered in determining diversity jurisdiction over law claims in which admiralty defendant was not named

  8. Boudreaux v. Hamilton Medical Group

    644 So. 2d 619 (La. 1994)   Cited 50 times
    Holding that LWPS is inapplicable but remanding for consideration of contract claim

  9. Fawvor v. Texaco, Inc.

    546 F.2d 636 (5th Cir. 1977)   Cited 50 times
    Holding that plaintiff's negligence claim against an impleaded non-diverse third-party defendant required an independent basis for federal jurisdiction where the basis of jurisdiction in the original compliant was diversity

  10. Mason v. Norton

    360 So. 2d 178 (La. 1978)   Cited 21 times
    In Mason v. Norton, 360 So.2d 178, 180 (La. 1978), we stated that these statutes are designed to compel prompt payment ofwages upon an employee's discharge or resignation.

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 345,529 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,248 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  13. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,317 times   134 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  14. Section 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 21,736 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim