Spear Marketing, Incorporated v. BancorpSouth Bank

How courts have described this case

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

• holding that the court must look to an original complaint, not an amended one, when determining preemption
• holding that “the relevant record” in deciding a motion to remand is only the plaintiff’s original petition because “[j]urisdictional facts are determined at the time of removal . . . ”
• holding that Texas conversion claim was preempted
• holding noncopyrightable ideas contained in a software program within copyright’s subject matter
• finding the statutory and conversion claims preempted, but then proceeding to the merits of the trade secret claim
• finding one claim preempted by copyright, and considering the district court's merits ruling on remaining state law claims

Source: CourtListener parenthetical corpus (CC0).