· 9/2/2015
Cox v. United States Department of Agriculture
Citations
- 800 F.3d 1031
- 2015 U.S. App. LEXIS 15753
- 2015 WL 5131000
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that when a district court lacks jurisdiction under the derivative jurisdiction doctrine, the court is “bound to dismiss the [complaint] rather than remand to state court”
- holding district court “was bound to dismiss” case for lack of 13 jurisdiction “under the derivative jurisdiction doctrine,” “rather than remand [it] to state 14 court,” where the state court lacked jurisdiction
- determining the district court lacked jurisdiction over an action against a federal agency that the agency removed pursuant to 28 U.S.C. § 1442 under the doctrine of derivative jurisdiction
- applying derivative jurisdiction doctrine to removal pursuant to 28 U.S.C. § 1442(a)(1)
- dismissal—not remand—was appropriate remedy where, under doctrine of derivative jurisdiction, district court lacked subject matter jurisdiction over removed case
- dismissal required due to lack of derivative jurisdiction over claim removed pursuant to 28 U.S.C. § 1442
Source: CourtListener parenthetical corpus (CC0).
Judges: Tallman, Smith, Murguia
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.