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· 4/10/1991

M. Nahas & Co., Inc. v. First National Bank of Hot Springs

Citations

  • 930 F.2d 608
  • 1991 U.S. App. LEXIS 5871
  • 1991 WL 50212

How courts have described this case

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

  • explaining a plaintiff cannot mistakenly or fraudulently avoid federal jurisdiction by “concealing the federal question that would necessarily have appeared if the complaint had been well pleaded”
  • “[Federal jurisdiction exists only when a federal question is presented on the face of the plaintiffs properly pleaded complaint.”
  • “[F]ederal jurisdiction exists only when a federal question is presented on the face of the plaintiffs properly pleaded complaint.”
  • hol complete preemption applies to § 301 of the Copyright Act, 17 U.S.C. § 301
  • “[A] defendant is not entitled to remove simply because federal law . . . will provide a . . . complete defense[] to plaintiff’s state law claims.”
  • “When plaintiffs action is properly brought under state law, the defendant is not entitled to remove simply because federal law or principles of federal preemption will provide a defense, even a complete defense, to plaintiffs state law claims.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Arnold, Bright, Loken

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.