Bruce Nutter v. Monongahela Power Company, in Re Monongahela Power Company

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that district court’s jurisdictional findings incident to remand could be relitigated in state court and thus the findings were not conclusive upon the parties
• stating “[bjeeause complete preemption was the basis for the district court’s jurisdiction, the court’s findings regarding preemption and jurisdiction are indistinguishable”
• declining to address whether appel- late review exists for remand for lack of subject matter jurisdiction because of post-removal occurrences
• \any issues that the district court decided inci- dent to remand may be relitigated in state court\
• “Which portions of a remand order are severable is not entirely clear . . . .”
• “Of the circuits that have addressed this issue, four have concluded that a district court’s findings incident to an order of remand have no preclusive effect.”

Source: CourtListener parenthetical corpus (CC0).