Provincial Gov't of Marinduque v. Placer Dome, Inc.

How courts have described this case

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

• explaining that jurisdiction lies under Grable only if “a right or immunity created by the Constitution or laws of the United States” is “an element, and an essential one, of the plaintiffs cause of action”
• stating that “the federal question on which jurisdiction is premised cannot be 27 supplied via a defense; rather, the federal question must ‘be disclosed upon the face of the 1 LEXIS 212227, at (N.D. Cal. Dec. 17, 2018
• noting some of the unanswered questions about appellate review and poten- tial remands to state court raised by Sinochem’s forum non conveniens holding
• “The burden of establishing that removal is 19 proper falls to the party invoking the statute”
• in order for a federal court to exercise federal question jurisdiction under § 1331, “the federal question must be disclosed upon the face of the complaint” (internal quotation marks omitted)
• “federal question on 20 which jurisdiction is premised cannot be supplied via a defense; rather, the federal question must 21 be disclosed upon the face of the complaint, unaided by the answer.”

Source: CourtListener parenthetical corpus (CC0).