Fuller v. Exxon Corp.
District Court, S.D. Alabama
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
VOLLMER, Senior District Judge.
This matter comes before the court on the question of whether the court properly concluded that it had subject matter jurisdiction over this case at the time of removal. The court has raised this issue sua sponte because the Eleventh Circuit has emphasized that a “federal court not only has the power but also the obligation at any time to inquire into jurisdiction whenever the possibility that jurisdiction does not exist arises.” Fitzgerald v. Seaboard System R.R., Inc., 760 F.2d 1249, 1251 (11th Cir.1985).
I. BACKGROUND
The plaintiffs…
2Cases cited25 opinions
- Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Bender v. Williamsport Area School DistrictSupreme Court of the United States · 1986
- University of South Alabama v. American Tobacco Co.Court of Appeals for the Eleventh Circuit · 1999
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- State Farm Indemnity v. FornaroDistrict Court, D. New Jersey · 2002
- Wood v. Option One Mortgage Corp.District Court, N.D. Alabama · 2008
- USX Corp. v. Adriatic InsuranceCourt of Appeals for the Third Circuit · 2003
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