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· 7/1/2005

Grace Lontz Beverly Pettit v. Joyce Tharp Elizabeth Doak James Baish Sandeep Thakrar Monica, Llc, D/B/A Holiday Inn Express

Citations

  • 413 F.3d 435
  • 177 L.R.R.M. (BNA) 2715
  • 2005 U.S. App. LEXIS 13138
  • 2005 WL 1539282

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that “ordinary preemption simply declares the primacy of federal law, regardless of the forum or the claim.” (citation omitted)
  • noting that “the congressional intent that state law be entirely displaced must be clear in the text of the statute.” (citation omitted)
  • referring to complete preemption as an “exception to the well-pleaded complaint rule”
  • explaining the doctrine of complete preemption which provides that “if the subject matter of a putative state law claim has been totally subsumed by federal law— such that state law cannot even treat on the subject matter—then removal 1s appropriate.”’
  • explaining the doctrine of complete preemption which provides that “if the subject matter of a putative state law claim has been totally subsumed by federal law— such that state law cannot even treat on the subject matter—then removal 1s appropriate.”’
  • “Since diversity always vests original jurisdiction in the district courts, diversity also generates removal jurisdiction.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilkinson, Luttig, Traxler

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.