· 3/9/2009
Pet Quarters, Inc. v. Depository Trust & Clearing Corp.
Citations
- 559 F.3d 772
- 2009 U.S. App. LEXIS 5179
- 2009 WL 579270
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that “[f]ederal jurisdiction may be found from a complaint if adjudication of a state claim would turn on a federal constitutional or other important federal question, even where only state law issues have been plead
- “Accordingly, any of Pet Quarters’s state law claims that challenge the existence or operation of the program or its rules are federally preempted.”
- affirming dismissal with prejudice for failure to state a claim because amending complaint would be futile
- affirming dismissal with prejudice because the plaintiff did not submit a proposed amended complaint and the record did not indicate what one might have contained
- affirming dismissal with prejudice for failure to state a claim because amending complaint would be futile
- finding no abuse of discretion in concluding amendment would be futile where plaintiff did not indicate how it would make complaint viable
Source: CourtListener parenthetical corpus (CC0).
Judges: Murphy, Smith, Limbaugh
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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