Third Circuit· 4/13/2017

In Re Lipitor Antitrust Litigation

Citations

855 F.3d 126
2017 WL 1359474

How courts have described this case

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

rejecting \divide-and-conquer approach to 'arising under' jurisdiction\ that would treat alternative theories or factual allegations as separate claims
noting that “[i]t is a common practice among the Courts of Appeals to retain jurisdiction over an appeal while making a limited remand . . . to determine whether there is federal subject-matter jurisdiction.” (quotation marks omitted)
remanding because the district court improperly dismissed defendants under Rule 12(b)(6) without first considering subject matter or personal jurisdiction
remanding because the district court improperly dismissed defendants under Rule 12(b)(6) without first considering subject matter or personal jurisdiction
finding the removing party has the burden of proving diversity of citizenship by a preponderance of the evidence
distinguishing between \claims\ and \theories\ for purposes of \arising under\ jurisdiction

Source: CourtListener parenthetical corpus (CC0).

Judges: Ambro, Smith, Fisher

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Cites

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