· 2/15/1995
Carpenter v. Wichita Falls Independent School District
Citations
- 44 F.3d 362
- 1995 U.S. App. LEXIS 2905
- 1995 WL 35374
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that plaintiff “may not avoid removal by artfully casting his federal suit as one arising exclusively under state law”
- noting that a defendant may not remove on the basis of an anticipated or even inevitable federal defense
- observing that the United States Supreme Court has only sanctioned the artful pleading rule with regard to federal labor relations and the Employment Retirement Income Security Act of 1974
- “If there was any federal character at all to the plaintiffs’ state law claims in Moitie, it must be the federal law of preclusion.”
- a federal question is present when “there appears on the face of the complaint some substantial, disputed question of federal law”
- “[A] suit arises under federal law if there appears on the face of the complaint some substantial, disputed question of federal law.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Garwood, Jolly, Stewart
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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