· 3/27/2009
Central Iowa Power Cooperative v. Midwest Independent Transmission System Operator, Inc.
Citations
- 561 F.3d 904
- 2009 U.S. App. LEXIS 6471
- 2009 WL 791501
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that no federal issue is necessarily raised when interpretation of a federal issue is not necessary for plaintiff to succeed in proving its state law claims
- holding that no federal issue is necessarily raised when interpretation of a federal issue is not necessary for plaintiff to succeed in proving its state law claims
- reversing lower court’s denial of motion to remand because plaintiff’s “state law claims d[id] not necessarily depend on the resolution of a substantial question of federal law”
- “Critically, the party seeking removal has the burden to establish federal subject matter jurisdiction. . . .”
- the party seeking removal has the burden to establish federal subject matter jurisdiction
- “If the plaintiff can support his claim with even one theory that does not call for an interpretation of federal law, his claim does not ‘arise under’ federal law for purposes of § 1331.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Riley, Bowman, Hansen
Read full opinion on CourtListenerSourced 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.