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Transamerica Life Insurance Company v. Bagala et al

RESPONSE/MEMORANDUM in Support

14 Cited authorities

  1. Bernhard v. Whitney Nat. Bank

    523 F.3d 546 (5th Cir. 2008)   Cited 190 times
    Holding that a complaint must raise an "essential element of a federal right" to present a federal question on its face

  2. U.S. v. High Technology

    497 F.3d 637 (6th Cir. 2007)   Cited 140 times
    Holding that the existence of conflicting claims of entitlement to isotopes in the stakeholder's possession did not immunize the stakeholder against potential liability for damage sustained by those isotopes while in its custody

  3. Callon Petroleum Co. v. Frontier Ins. Co.

    351 F.3d 204 (5th Cir. 2003)   Cited 93 times
    Holding that courts should not sustain a Rule 60(b) challenge to jurisdiction unless there is a "clear usurpation of power" or "total want of jurisdiction"

  4. Hussain v. Boston Old Colony Ins. Co.

    311 F.3d 623 (5th Cir. 2002)   Cited 72 times
    Holding that the § 2410 waiver "must be narrowly construed to comport precisely with congressional intent"

  5. Perkins State Bank v. Connolly

    632 F.2d 1306 (5th Cir. 1980)   Cited 83 times
    Holding that party who initiates an interpleader action and qualifies as a mere disinterested stake holder may be awarded reasonable attorneys' fees

  6. U.S. v. Muhammad

    165 F.3d 327 (5th Cir. 1999)   Cited 25 times
    Finding separate consent forms filed by each party sufficient to satisfy the consent requirement

  7. Lexington Ins. Co. v. Guidos

    CIVIL ACTION NO: 11-644 (E.D. La. Aug. 29, 2011)   Cited 2 times

    CIVIL ACTION NO: 11-644 08-29-2011 LEXINGTON INSURANCE COMPANY v. JOANN C. GUIDOS, ET AL. SARAH S. VANCE ORDER AND REASONS Before the Court is plaintiff Lexington Insurance Company's motion to dismiss with prejudice. For the following reasons, Lexington's motion is GRANTED. R. Doc. 13. I. BACKGROUND Lexington reached a settlement agreement with Joann C. Guidos in connection with property damage related to Hurricane Katrina. Lexington asserts that since the settlement was reached, Guidos has entered

  8. Humble Oil Refining Company v. Copeland

    398 F.2d 364 (4th Cir. 1968)   Cited 33 times
    Noting that the most frequent examples are actions involving contracts, mortgages and leases

  9. Bricks Unlimited, Inc. v. Agee

    672 F.2d 1255 (5th Cir. 1982)   Cited 14 times
    Holding that it was unnecessary to decide whether to apply Louisiana or Mississippi negotiable instrument law since both states had adopted the identical UCC provisions

  10. Travelers Insurance Company v. Harville

    622 F. Supp. 68 (S.D. Ala. 1985)   Cited 3 times

    Civ. A. No. 85-0786-X-C. September 12, 1985. Wade K. Wright, Rushton, Stakely, Johnston Garrett, P.A., Montgomery, Ala., for plaintiff. Barry R. Bennett, Hobbs Hain, Selma, Ala., for defendant Gurther Dean Thompkins Williams. ORDER WILLIAM HAND, Senior District Judge This action is an interpleader action under 28 U.S.C. § 1335, brought by the Travelers Insurance Co. as disinterested stakeholder seeking to force the two allegedly adverse claimants to litigate the right to the two thousand dollars

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

    28 U.S.C. § 1332   Cited 111,518 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"

  12. Section 1335 - Interpleader

    28 U.S.C. § 1335   Cited 2,213 times   4 Legal Analyses
    Granting original jurisdiction to the district courts in "any civil action of interpleader or in the nature of interpleader" "if two or more adverse claimants . . . are claiming or may claim to be entitled to such money or property" as shall have been pleaded into court

  13. Rule 22 - Interpleader

    Fed. R. Civ. P. 22   Cited 1,320 times   3 Legal Analyses
    Governing interpleader