Legal Opinion
Gross v. Weingarten
District Court, E.D. Virginia
Decided August 21, 1998No. Civil Action 3:92CV808PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
RICHARD L. WILLIAMS, Senior District Judge.
This matter is before the Court on plaintiffs Motion for Judgment on the Pleadings pursuant to Federal Rule of Civil Procedure 12(c). The burden of proving subject matter jurisdiction is on the party asserting jurisdiction. Richmond, Fredericksburg & Potomac Railroad Co. v. United States, 945 F.2d 765, 768 (4th Cir.1991). Should the proponent fail to satisfy this burden, the district court must dismiss the action. Id. For the reasons set forth below, the Court holds that the defendants have failed to cany their burden establishing…
2Cases cited13 opinions
- Richmond, Fredericksburg & Potomac Railroad Company v. United StatesCourt of Appeals for the Fourth Circuit · 1991
- Prudential Insurance v. BenjaminSupreme Court of the United States · 1946
- Bard v. Charles R. Myers Insurance Agency, Inc.Texas Supreme Court · 1992
- Riley v. SimmonsCourt of Appeals for the Third Circuit · 1995
- Sherry v. DiercksCourt of Appeals of Washington · 1981
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Gross v. WeingartenCourt of Appeals for the Fourth Circuit · 2000
- Weingarten v. GrossSupreme Court of Virginia · 2002
- Alfred W. Gross, Commissioner of Insurance, State Corporation Commission, as Deputy Receiver of Fidelity Bankers Life Insurance Company v. Robert Weingarten Gerry R. Ginsberg Leonard Gubar Shearson Lehman Brothers Holdings, Incorporated, Alfred W. Gross, Commissioner of Insurance, State Corporation Commission, as Deputy Receiver of Fidelity Bankers Life Insurance Company v. Shearson Lehman Brothers Holdings, Incorporated, and Robert Weingarten Gerry R. Ginsberg Leonard Gubar, Alfred W. Gross, Commissioner of Insurance, State Corporation Commission, as Deputy Receiver of Fidelity Bankers Life Insurance Company v. Robert Weingarten Gerry R. Ginsberg Leonard Gubar, and Shearson Lehman Brothers Holdings, IncorporatedCourt of Appeals for the Fourth Circuit · 2000