· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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