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· 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 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.