· 11/18/2005
Sharon Palkow v. Csx Transportation, Inc., Harry Crawford and Diane Tavares
Citations
- 431 F.3d 543
- 2005 U.S. App. LEXIS 24839
- 87 Empl. Prac. Dec. (CCH) 42,163
- 96 Fair Empl. Prac. Cas. (BNA) 1740
- 2005 WL 3078498
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that district court required “an independent statutory basis” to exercise jurisdiction over claim framed as Rule 60 motion or independent action
- noting that the Supreme Court has “largely limit[ed] its finding of complete preemption to a handful of federal statutes, the most widely recognized of these being the Labor Management Relations Act, 29 U.S.C. § 185(a) (‘LMRA’
- “Being without jurisdiction, the District Court could not, and we cannot, address the merits of Plaintiff's complaint.”
- finding Rule 60-like claims fall under federal jurisdiction where the plaintiff is only seeking relief from judgment
- “The only ‘federal’ aspect of Plaintiffs civil perjury claim is the fact that the alleged perjury occurred in a federal court action. There is no ‘federal question’ that needs to be resolved in order to resolve Plaintiffs state-law claim.”
- subject matter jurisdiction reviewed de novo
Source: CourtListener parenthetical corpus (CC0).
Judges: Rogers, Sutton, Rosen
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.