Tenth Circuit· 10/4/1996

Schmeling v. Nordam

Citations

97 F.3d 1336
12 I.E.R. Cas. (BNA) 207
1996 U.S. App. LEXIS 26214
1996 WL 564403

How courts have described this case

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

holding that “removal based on preemption is permissible only if federal law provides a replacement cause of action”
noting that plaintiff may not defeat removal by failing to plead federal questions that are essential elements of the plaintiffs claim
explaining that the interests of “comity and prudence” dictate that courts avoid addressing needlessly the first prong, which will frequently require a discussion of the merits of the preemption defense
holding that complete preemption is “a description of the specific situation in which a federal law not only preempts a state law to some degree but also substitutes a federal cause of action for the state cause of action, thereby manifesting Congress’s intent to permit removal”
reviewing dicta in Caterpillar and concluding that “[t]he Caterpillar Court purported merely to apply the complete preemption doctrine, not to amend it”
reviewing dicta in Caterpillar and concluding that “[t]he Caterpillar Court purported merely to apply the complete preemption doctrine, not to amend it”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kelly, Engel, Logan

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Cited by

92 cases in this archive cite this case; the 20 most cited are listed.

Cites

32 cases in this archive are cited by this case; the 20 most cited are listed.

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