The Appointment of an Out-of-State Administrator for the Sole Purpose of Creating Diversity of Citizenship Between the Parties of a Lawsuit in Order To Invoke the Jurisdiction of the Federal Courts Is “Improper” and “Collusive” Under Title 28, Section 1359, United States Code

dc.creatorWylie, Phillip A.
dc.date.accessioned2018-09-14T18:42:42Z
dc.date.available2018-09-14T18:42:42Z
dc.date.issued1971
dc.description.abstractExamines the United States Fifth Circuit Court of Appeals’ case Bass v. Texas Power & Light Company. In a wrongful death action, the Fifth Circuit held that appointment of Bass, an out-of-state administrator of the estate, for the sole purpose of manufacturing diversity of citizenship for the invokement of federal jurisdiction was “improper” or “collusive,” and in violation of United States Code Title 28, Section 1359. This cemented the recent trend of courts looking into the motive of out-of-state appointments and placing the burden of proof on the issue of jurisdiction on the administrator. The author believes that this “new interpretation has accomplished the legislative purpose behind the enactment of section 1359 . . . [the] effective limitation on federal diversity.”en_US
dc.identifier.citation2 Tex. Tech L. Rev. 304en_US
dc.identifier.urihttp://hdl.handle.net/2346/74567
dc.language.isoengen_US
dc.publisherTexas Tech Law Reviewen_US
dc.subjectManufacturing jurisdictionen_US
dc.subjectOut-of-state administratoren_US
dc.subject28 U.S.C. §1359en_US
dc.subjectDiversity jurisdictionen_US
dc.subjectBass v. Texas Power & Light Co.en_US
dc.subjectCase noteen_US
dc.titleThe Appointment of an Out-of-State Administrator for the Sole Purpose of Creating Diversity of Citizenship Between the Parties of a Lawsuit in Order To Invoke the Jurisdiction of the Federal Courts Is “Improper” and “Collusive” Under Title 28, Section 1359, United States Codeen_US
dc.title.alternativeFederal Procedure—Manufactured Diversity of Citizenship—The Appointment of an Out-of-State Administrator for the Sole Purpose of Creating Diversity of Citizenship Between the Parties of a Lawsuit in Order To Invoke the Jurisdiction of the Federal Courts Is “Improper” and “Collusive” Under Title 28, Section 1359, United States Codeen_US
dc.typeArticleen_US
Files
Original bundle
Now showing 1 - 1 of 1
No Thumbnail Available
Name:
40_2TexTechLRev304(1970-1971).pdf
Size:
319.82 KB
Format:
Adobe Portable Document Format
Description:
License bundle
Now showing 1 - 1 of 1
No Thumbnail Available
Name:
license.txt
Size:
1.57 KB
Format:
Item-specific license agreed upon to submission
Description: