· 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 CourtListenerSourced 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.