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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.