What is the test for proving diversity jurisdiction in a cause of action?
The following excerpt is from Prudential Oil Corp. v. Phillips Petroleum Co., 546 F.2d 469 (2nd Cir. 1976):
2 The ultimate burden of proving diversity jurisdiction always remains with the plaintiff. See Bradbury v. Dennis, 310 F.2d 73 (10th Cir. 1962), cert. denied, 372 U.S. 928, 83 S.Ct. 874, 9 L.Ed.2d 733 (1963).
3 See Greater Development Company of Connecticut v. Amelung, 471 F.2d 338 (1st Cir. 1973) (cause of action dismissed where the only asset of the surviving corporation was the claim asserted in the suit, and where the predecessor corporation would have been non-diverse).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
