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· 3/16/1915

Louisville & Nashville Railroad v. O'Brien

Citations

  • 163 Ky. 538
  • 174 S.W. 31
  • 1915 Ky. LEXIS 280

How courts have described this case

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

  • ordering remand because mortgage foreclosure is a state law case, and defendant's assertion of issues under the FDCPA does not create federal jurisdiction
  • treating the alleged violation of the rule of unanimity as waived for failure to object within 30 days
  • “[B]ecause the face of Plaintiff’s [state law foreclosure] Complaint identifies no federal question, this Court lacks subject matter jurisdiction, irrespective of Defendants’ reliance upon a federal defense and/or assertion of a federal counterclaim.”
  • “[B]ecause the face of Plaintiff’s [state law foreclosure] Complaint identifies no federal question, this Court lacks subject matter jurisdiction, irrespective of Defendants’ reliance upon a federal defense and/or assertion of a federal counterclaim.”
  • “[B]ecause the face of Plaintiff’s [state law foreclosure] Complaint identifies no federal question, this Court lacks subject matter jurisdiction, irrespective of Defendants’ reliance upon a federal defense and/or assertion of a federal counterclaim.”
  • “Plaintiffs Complaint relies exclusively upon state law, and therefore provides no basis for federal question jurisdiction . .. Nor can Defendants create federal jurisdiction by asserting federal defenses and/or counterclaims to Plaintiff’s state law foreclosure Complaint.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Miller

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.