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· 2/24/1998

Rivet v. Regions Bank of Louisiana

Citations

  • 522 U.S. 470
  • 118 S. Ct. 921
  • 139 L. Ed. 2d 912
  • 1998 U.S. LEXIS 1434

How courts have described this case

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

  • holding that “claim preclusion by reasons of a prior federal judgment is a defensive plea that provides no basis for removal” or federal subject matter jurisdiction under the well-pleaded complaint rule
  • holding that “a plaintiff may not defeat removal by omitting to plead necessary federal questions”
  • holding that “a plaintiff may not defeat removal by omitting to plead necessary federal questions”
  • holding that “federal jurisdiction exists only when a federal question is presented on the face of the plaintiffs properly pleaded complaint”
  • holding that removal of state law claim to federal court based upon the defense that the action was barred by a prior bankruptcy court determination was inappropriate
  • holding that removal was improper where a plaintiff’s state cause of action was precluded by a prior federal judgment on a federal question because that is a defensive plea properly made in state court

Source: CourtListener parenthetical corpus (CC0).

Judges: Ginsbueg, Ginsburg

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.