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· 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 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.