Is a failure to allege facts establishing jurisdiction fatal to a complaint?

MultiRegion, United States of America

The following excerpt is from Canedy v. Liberty Mut. Ins. Co., 126 F.3d 100 (2nd Cir. 1997):

A failure to allege facts establishing jurisdiction need not prove fatal to a complaint. By statute, "[d]efective allegations of jurisdiction may be amended, upon terms, in the trial or appellate courts," 28 U.S.C. 1653. Such amendments will be freely permitted where necessary to avoid dismissal on purely technical grounds. Unless the record clearly indicates that the complaint could not be saved by any truthful amendment, see, e.g., Baer v. United Servs. Auto. Ass'n, 503 F.2d 393, 397 (2d Cir.1974), we generally afford an opportunity for amendment.

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