· 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 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.