· 4/15/1986
Gilardy v. United States
Citations
- 787 F.2d 469
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that the claim-preclusive impact of a federal 24 judgment is a question of federal law
- \[W]e will invoke the [artful pleading] doctrine 'only in exceptional circumstances as it raises difficult issues of state and federal relationships and often yields unsatisfactory results.' \ (citation omitted)
- Moitie is limited to context of removal of state claims precluded by res judicata effect of a federal judgment
- “A suit may be removed to federal court under 28 U.S.C. § 1441(a) only if it could have been brought there originally.”
- federal 20 “jurisdiction is lacking even if a defense is alleged to be based exclusively on federal law”
- federal 19 “jurisdiction is lacking even if a defense is alleged to be based exclusively on federal law”
Source: CourtListener parenthetical corpus (CC0).
Judges: Alarcon, Anderson, Beezer, Booc, Browning, Brunetti, Canby, Farris, Ferguson, Fletcher, Goodwin, Hall, Hever, Hug, Kennedy, Kozinski, Nelson, Noonan, Norris, Pil, Poole, Pregerson, Reinhardt, Schroeder, Sko, Sneed, Tang, Thompson, Wallace, Wiggins
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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