· 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 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.