· 4/16/2009
International Union of Operating Engineers, Local 150 v. Ward
Citations
- 563 F.3d 276
- 186 L.R.R.M. (BNA) 2368
- 2009 U.S. App. LEXIS 7884
- 2009 WL 1011188
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that arguments that the court lacks jurisdiction are not waivable
- “It would be anomalous indeed to read this statutory scheme as remitting the union’s own suit— which is primary under the statutory hierarchy — to state court.”
- “[W]hen the basis of the action is a federal statute, a federal cause of action must exist as well for a federal court to hear a given claim.”
- “[W]hen the basis of the action is a federal statute, a federal cause of action must exist as well for a federal court to hear a given claim.”
- “Thus, when the basis of the action is a federal statute, a federal cause of action must exist as well for a fed- eral court to hear a given claim; the general grant of federal question jurisdiction contained in § 1331, without a federal cause of action, is not enough.”
- “Thus, when the basis of the action is a federal statute, a federal cause of action must exist for a federal court to hear a given claim; the general grant of federal question jurisdiction contained in § 1331, without a federal cause of action, is not enough.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kanne, Williams, Sykes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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