69 Cited authorities

Moses H. Cone Hosp. v. Mercury Constr. Corp.
460 U.S. 1 (1983) Cited 11,958 times 49 Legal Analyses
Holding stay order appealable under § 1291 where it put the litigant "effectively out of court," and "surrender[ed] jurisdiction of a federal suit to a state court"
Vaden v. Discover Bank
556 U.S. 49 (2009) Cited 2,346 times 47 Legal Analyses
Holding that federal courts may "look through" a § 4 petition to determine whether "the parties' underlying substantive controversy" gives rise to subject-matter jurisdiction
Colorado River Water Cons. Dist. v. U.S.
424 U.S. 800 (1976) Cited 8,204 times 13 Legal Analyses
Holding that, in limited circumstances, federal courts should abstain from deciding a case when there are related proceedings pending in state court
Quackenbush v. Allstate Ins. Co.
517 U.S. 706 (1996) Cited 2,590 times 5 Legal Analyses
Holding that an abstention-based remand is not a remand for “lack of subject matter jurisdiction” for purposes of §§ 1447(c) and (d)
Things Remembered, Inc. v. Petrarca
516 U.S. 124 (1995) Cited 761 times 1 Legal Analyses
Holding untimely removal is “precisely the type of removal defect contemplated by § 1447(c).”
Lone Star Fund v. Barclays Bank
594 F.3d 383 (5th Cir. 2010) Cited 1,872 times
Holding that a court considering a Rule 12(b) motion is "limited to the complaint, any documents attached to the complaint, and any documents attached to the motion to dismiss that are central to the claim and referenced by the complaint"
United States v. Gonzales
520 U.S. 1 (1997) Cited 620 times 2 Legal Analyses
Holding that "any other term of imprisonment" includes terms imposed by state courts
Pacor, Inc. v. Higgins
743 F.2d 984 (3d Cir. 1984) Cited 2,317 times 7 Legal Analyses
Holding that where the cause of action is between third parties, the test for "whether a civil proceeding is related to bankruptcy is whether the outcome of that proceeding could conceivably have any effect on the estate being administered in bankruptcy"
Financial Sec. v. Stephens, Inc.
500 F.3d 1276 (11th Cir. 2007) Cited 617 times
Holding that it is appropriate to consider a document attached to a motion to dismiss when "a plaintiff refers to a document in its complaint, the document is central to its claim, its contents are not in dispute, and the defendant attaches the document to its motion to dismiss"
Ellenburg v. Spartan
519 F.3d 192 (4th Cir. 2008) Cited 475 times 7 Legal Analyses
Holding that the Fourth Circuit has jurisdiction to review a district court's sua sponte remand order, even when that remand order is styled as a remand for lack of subject matter jurisdiction, if the order was in fact based on the procedural insufficiency of the Notice of Removal
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 97,914 times 136 Legal Analyses
Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
Section 1441 - Removal of civil actions
28 U.S.C. § 1441 Cited 50,272 times 151 Legal Analyses
Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”
Section 1334 - Bankruptcy cases and proceedings
28 U.S.C. § 1334 Cited 40,798 times 57 Legal Analyses
Granting "exclusive jurisdiction" to a federal court handling a bankruptcy case "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate"
Section 1292 - Interlocutory decisions
28 U.S.C. § 1292 Cited 22,367 times 196 Legal Analyses
Granting appellate jurisdiction over certain types of interlocutory orders
Section 1446 - Procedure for removal of civil actions
28 U.S.C. § 1446 Cited 21,909 times 141 Legal Analyses
Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim
Section 1345 - United States as plaintiff
28 U.S.C. § 1345 Cited 2,931 times 3 Legal Analyses
Granting the district courts jurisdiction over "all civil actions, suits or proceedings commenced by the United States"
Section 1452 - Removal of claims related to bankruptcy cases
28 U.S.C. § 1452 Cited 2,578 times 14 Legal Analyses
Granting removal power to any “party” in a bankruptcy case
Section 16 - Appeals
9 U.S.C. § 16 Cited 1,837 times 63 Legal Analyses
Permitting appeal of "a final decision with respect to an arbitration"
Section 1819 - Corporate powers
12 U.S.C. § 1819 Cited 1,084 times 3 Legal Analyses
Granting FDIC a right to "appeal any order of remand entered by any United States district court"
Section 77v - Jurisdiction of offenses and suits
15 U.S.C. § 77v Cited 1,052 times 28 Legal Analyses
Granting "concurrent" jurisdiction

Federal Deposit Insurance Corporation as Receiver for Colonial Bank v. Banc of America Funding Corporation et al

69 Cited authorities

Holding stay order appealable under § 1291 where it put the litigant "effectively out of court," and "surrender[ed] jurisdiction of a federal suit to a state court"

Holding that federal courts may "look through" a § 4 petition to determine whether "the parties' underlying substantive controversy" gives rise to subject-matter jurisdiction

Holding that, in limited circumstances, federal courts should abstain from deciding a case when there are related proceedings pending in state court

Holding that an abstention-based remand is not a remand for “lack of subject matter jurisdiction” for purposes of §§ 1447(c) and (d)

Holding untimely removal is “precisely the type of removal defect contemplated by § 1447(c).”

Holding that a court considering a Rule 12(b) motion is "limited to the complaint, any documents attached to the complaint, and any documents attached to the motion to dismiss that are central to the claim and referenced by the complaint"

Holding that "any other term of imprisonment" includes terms imposed by state courts

Holding that where the cause of action is between third parties, the test for "whether a civil proceeding is related to bankruptcy is whether the outcome of that proceeding could conceivably have any effect on the estate being administered in bankruptcy"

Holding that it is appropriate to consider a document attached to a motion to dismiss when "a plaintiff refers to a document in its complaint, the document is central to its claim, its contents are not in dispute, and the defendant attaches the document to its motion to dismiss"

Holding that the Fourth Circuit has jurisdiction to review a district court's sua sponte remand order, even when that remand order is styled as a remand for lack of subject matter jurisdiction, if the order was in fact based on the procedural insufficiency of the Notice of Removal

Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”

Granting "exclusive jurisdiction" to a federal court handling a bankruptcy case "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate"

Granting appellate jurisdiction over certain types of interlocutory orders

Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim

Granting the district courts jurisdiction over "all civil actions, suits or proceedings commenced by the United States"

Granting removal power to any “party” in a bankruptcy case

Permitting appeal of "a final decision with respect to an arbitration"

Granting FDIC a right to "appeal any order of remand entered by any United States district court"

Granting "concurrent" jurisdiction