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· 2/22/2013

Northeastern Rural Electric Membership Corp. v. Wabash Valley Power Ass'n

Citations

  • 707 F.3d 883
  • 2013 U.S. App. LEXIS 3692
  • 2013 WL 646051

How courts have described this case

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

  • finding district court that denied remand lacked jurisdiction, and remanding with instructions to remand case to state court
  • “Federal defenses to a well pleaded complaint, such as preemption or preclusion, do not provide a basis for removal.”
  • federal jurisdiction may exist where a \decisive question of federal law” is \embedded in [the] state law cause of action”
  • “The federal courts are courts of limited jurisdiction, and we have an obligation at each stage of the proceedings to ensure that we have subject matter jurisdiction over the dispute.”
  • Courts must “resolve genuine doubts about removal in favor of state court jurisdiction.”
  • discussing the areas where courts have found complete preemption

Source: CourtListener parenthetical corpus (CC0).

Judges: Eanne, Tinder, Hamilton

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.