· 6/27/1996
Gaming Corporation of America Golden Nickel Casinos, Inc. v. Dorsey & Whitney, a Partnership, in Re Dorsey & Whitney, a Partnership
Citations
- 88 F.3d 536
- 1996 U.S. App. LEXIS 15326
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- deciding that IGRA “completely preempts state laws regulating gaming on Indian lands ” (emphasis added)
- holding that after Quackenbush appeal rather than mandamus is appropriate where by remand District Court surrendered jurisdiction and there is no other opportunity to appeal decision in federal court
- stating that a district court has no discretion to remand a claim that states a federal question
- stating that complete preemption is limited to “[a]ny claim which would directly affect or interfere with a tribe’s ability to conduct its own [gaming] licensing process”
- stating that a district court has no discretion to remand a claim that states a federal question
- finding that the “district court never lacked subject matter jurisdiction” when it remanded a case under § 1367(c) after determining albeit, erroneously, that no federal claims remained
Source: CourtListener parenthetical corpus (CC0).
Judges: Loken, Hansen, Murphy
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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