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· 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 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.