· 8/22/2012
Devon Energy Production Co. v. Mosiac Potash Carlsbad, Inc.
Citations
- 693 F.3d 1195
- 181 Oil & Gas Rep. 1019
- 2012 U.S. App. LEXIS 17795
- 2012 WL 3590862
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that “newly discovered evidence must be of such a nature as would probably produce a different result” (quotation marks and citations omitted)
- holding that “a possibility that a federal issue might arise . . . is not enough”
- recognizing that “the Declaratory Judgment Act does not confer jurisdiction upon federal courts, so the power to issue declaratory judgments must lie in some independent basis of jurisdiction,” namely “diversity jurisdiction” or “federal question jurisdiction”
- noting that the substantial federal question doctrine is one of two recognized exceptions to the well-pleaded complaint rule
- noting that “the Supreme Court has warned that complete preemption should not be lightly implied” (citation and internal quotation marks omitted)
- finding that the plaintiff failed to establish “substantial question” federal jurisdiction under Grable’s first two factors, and declining to address the other two factors
Source: CourtListener parenthetical corpus (CC0).
Judges: O'Brien, Gilman, Holmes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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