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· 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 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.