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Powers v. Triple AAA Insurance

Citation: 252 F. App'x 325Docket: No. 07-7095

Court: Court of Appeals for the D.C. Circuit; October 24, 2007; Federal Appellate Court

Narrative Opinion Summary

The appeal from the United States District Court for the District of Columbia has been reviewed alongside the appellant's brief. The court affirms the district court’s order dated May 8, 2007, which dismissed the case due to lack of subject matter jurisdiction. The dismissal was appropriate as the case does not qualify as a civil action arising under federal law (28 U.S.C. § 1331) nor does it involve diversity jurisdiction (28 U.S.C. § 1332) since the amount in controversy does not exceed $75,000. Additionally, the complaint failed to present any other grounds for jurisdiction. This decision will not be published per D.C. Circuit Rule 36. The Clerk is instructed to withhold the issuance of the mandate for seven days to allow for any timely petitions for rehearing or rehearing en banc, in accordance with Fed. R. App. P. 41(b) and D.C. Cir. Rule 41.

Legal Issues Addressed

Diversity Jurisdiction Requirements

Application: The case was dismissed due to lack of diversity jurisdiction because the amount in controversy does not exceed $75,000.

Reasoning: Nor does it involve diversity jurisdiction (28 U.S.C. § 1332) since the amount in controversy does not exceed $75,000.

Grounds for Jurisdiction

Application: The complaint failed to present any other grounds for jurisdiction, leading to the dismissal of the case.

Reasoning: Additionally, the complaint failed to present any other grounds for jurisdiction.

Procedural Rules for Issuance of Mandate

Application: The issuance of the mandate is withheld for seven days to allow for petitions for rehearing or rehearing en banc.

Reasoning: The Clerk is instructed to withhold the issuance of the mandate for seven days to allow for any timely petitions for rehearing or rehearing en banc, in accordance with Fed. R. App. P. 41(b) and D.C. Cir. Rule 41.

Publication of Judicial Decisions

Application: The decision will not be published as per D.C. Circuit Rule 36.

Reasoning: This decision will not be published per D.C. Circuit Rule 36.

Subject Matter Jurisdiction under Federal Law

Application: The court affirmed the district court's dismissal of the case for lack of subject matter jurisdiction because the case does not qualify as a civil action arising under federal law.

Reasoning: The dismissal was appropriate as the case does not qualify as a civil action arising under federal law (28 U.S.C. § 1331).