Legal Opinion

Howery v. Allstate Ins Company

Court of Appeals for the Fifth Circuit

Decided February 28, 2001No. 99-20878PublishedCited by 865 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Errol Howery’s home burned down. When he demanded payment from his insurer, Allstate Insurance Company, it refused, accusing him of arson. Howery filed suit in Texas state court. After more than two years, as the case was approaching trial, Allstate removed this case to federal court, asserting federal question jurisdiction. The district court denied Howery’s motion to remand. After another year of litigation in federal court, a jury agreed with Allstate.

Howery appealed, challenging federal subject-matter jurisdiction and the district court’s refusal to…

2Cases cited25 opinions

  1. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  2. City of Chicago v. International College of SurgeonsSupreme Court of the United States · 1997
  3. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  4. Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
  5. Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988

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3Cited by865 opinions

  1. MidCap Media Finance, L.L.C. v. Pathway Data, IncoCourt of Appeals for the Fifth Circuit · 2019
  2. Settlement Funding, L.L.C. v. Rapid Settlements, Ltd.Court of Appeals for the Fifth Circuit · 2017
  3. New Orleans & Gulf Coast Railway Co. v. BarroisCourt of Appeals for the Fifth Circuit · 2008
  4. Equal Employment Opportunity Commission v. Agro Distribution, LLCCourt of Appeals for the Fifth Circuit · 2009
  5. SXSW v. Federal InsuranceCourt of Appeals for the Fifth Circuit · 2023

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