Manning v. Merrill Lynch Pierce Fenner & Smith, Inc.

How courts have described this case

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

• “[E]ven if Plaintiffs’ claims were partially predicated on federal law, federal law would still not be necessarily raised.”
• “even 17 if Plaintiffs’ claims were partially predicated on federal law, federal law would still not be 18 necessarily raised”
• “Removal statutes are to be strictly construed, with all doubts to be resolved in favor of remand.”
• “For a federal issue to be necessarily raised, ‘vindication of a right under state law [must] necessarily turn[ ] on some construction of federal law.’”
• “The removing party ... carries a heavy burden of showing that at all stages of the litigation the case is properly before the federal court. Removal statutes are to be strictly construed, with all doubts to be resolved in favor of remand”
• prongs 1-3 of the Grable test

Source: CourtListener parenthetical corpus (CC0).