Legal Opinion

Federal Insurance v. Your Homework, Inc.

District Court, N.D. Illinois

Decided July 24, 2003No. 03 C 5092Published

1Opinion of the Court

MEMORANDUM ORDER

SHADUR, Senior District Judge.

Federal Insurance Company (“Federal”) has sought to invoke this Court’s diversity jurisdiction in a subrogation action brought against two Illinois defendants— Your Homework, Inc. (“Homework”) and Frank D’Astici (“D’Astici”). This memorandum order is issued sua sponte because of the obvious jurisdictional questions posed by Federal’s Complaint.

It is not simply that this Court’s initial responsibility is to take a hard look at the presence or absence of federal subject matter jurisdiction — as our Court of Appeals has put it in Wisconsin Knife…

2Cases cited8 opinions

  1. United States v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1950
  2. Wisconsin Knife Works v. National Metal CraftersCourt of Appeals for the Seventh Circuit · 1986
  3. Melissa Hart and John Hart v. Terminex International, a Delaware Corporation, Doing Business as Balantyne Pest ControlCourt of Appeals for the Seventh Circuit · 2003
  4. Patrick Held v. Robert T. Held, Sr., Individually and as Trustee of Bodee Investment Trust Municipal Bond Portfolio of Patrick HeldCourt of Appeals for the Seventh Circuit · 1998
  5. Frances Louise Ross v. Inter-Ocean Insurance CompanyCourt of Appeals for the Seventh Circuit · 1982

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