Legal Opinion
University of South Alabama v. American Tobacco Co.
Court of Appeals for the Eleventh Circuit
Decided February 22, 1999No. 97-6680PublishedCited by 1,645 opinions
1Opinion of the Court
MARCUS, Circuit Judge:
The central issue raised on appeal is a question of sequence or ordering: whether the district court should have first addressed Appellant University of South' Alabama’s (“University”) Motion to Remand this diversity case to state court because it lacked subject matter jurisdiction before it turned its attention to the Attorney General of Ala bama’s Notice of Dismissal under Fed. R.Civ.P. 41(a)(1).. Because the district court plainly lacked subject matter jurisdiction to entertain this case, we hold that it improvidently reached a complex question of substantive state…
2Cases cited48 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
- Strawbridge v. CurtissSupreme Court of the United States · 1806
- Ex Parte McCardleSupreme Court of the United States · 1869
43 more not listed; retrieve them via the Exa API.
3Cited by1,645 opinions
- Katie Lowery v. Honeywell International, Inc.Court of Appeals for the Eleventh Circuit · 2007
- Theresa Marie Schindler Schiavo v. Michael SchiavoCourt of Appeals for the Eleventh Circuit · 2005
- Alfred L. Bochese v. Town of Ponce InletCourt of Appeals for the Eleventh Circuit · 2005
- Eliza Kirkland, Individually, and on Behalf of All Other Persons Similarly Situated v. Midland Mortgage CompanyCourt of Appeals for the Eleventh Circuit · 2001
- United States v. Charles M. McInteerCourt of Appeals for the Eleventh Circuit · 2006
1,640 more not listed; retrieve them via the Exa API.