Greg and Paige Eastus v. Blue Bell Creameries, L.P.

How courts have described this case

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

• holding that state law claims remanded back to state court must be “separate and independent” from the federal question claims
• holding that remand order is reviewable after Quackenbush where it (1) puts litigants out of federal court; (2) conclusively determines whether jurisdiction will be exercised; (3) party's right to have matter litigated in federal court is important; and (4
• acknowledging that the removal statutes are to be construed “strictly against removal and for remand”
• claim for intentional infliction of emotional distress was not separate and independent from Family and Medical Leave Act claim when both were based on the employee’s discharge
• “Section 1447(c) allows remand only for (1) defects in removal procedure or (2) lack of subject matter jurisdiction.”
• remand not appropriate unless state law predominates

Source: CourtListener parenthetical corpus (CC0).