23 Cited authorities

  1. Grable & Sons Metal Prods., Inc. v. Darue Eng'g & Mfg.

    545 U.S. 308 (2005)   Cited 3,251 times   47 Legal Analyses
    Holding "that the national interest in providing a federal forum for federal tax litigation is sufficiently substantial to support the exercise of federal-question jurisdiction."
  2. Empire Healthchoice v. McVeigh

    547 U.S. 677 (2006)   Cited 1,742 times   10 Legal Analyses
    Holding that the federal government's "overwhelming interest in attracting able workers to the federal workforce" and "in the health and welfare of the federal workers upon whom it relies to carry out its functions" was insufficient to transform a "state-court-initiated tort litigation" into a "federal case"
  3. Merrell Dow Pharms. Inc. v. Thompson

    478 U.S. 804 (1986)   Cited 3,544 times   4 Legal Analyses
    Holding that private actors have no federal cause of action for a violation of the Federal Drug and Cosmetic Act
  4. Emrich v. Touche Ross Co.

    846 F.2d 1190 (9th Cir. 1988)   Cited 4,052 times
    Holding proceedings and determinations of the courts are a matter of public record suitable for judicial notice
  5. Eastman v. Marine Mechanical Corp.

    438 F.3d 544 (6th Cir. 2006)   Cited 529 times
    Holding that state wrongful termination claim relying on federal statutes as source of public policy did not raise substantial federal question supporting removal jurisdiction because there would be a dramatic shift of litigation to federal courts and there was no disputed interpretation of a federal law at stake
  6. Rains v. Criterion Sys., Inc.

    80 F.3d 339 (9th Cir. 1996)   Cited 717 times
    Holding federal law was not a necessary element of plaintiff's state claim for wrongful termination in violation of public policy where complaint referred to Title VII as one basis for demonstrating public policy against employment discrimination, but also cited state constitution and state law that prohibited such discrimination
  7. Lippitt v. Raymond James Fin. Services, Inc.

    340 F.3d 1033 (9th Cir. 2003)   Cited 375 times
    Holding that federal law was not "necessary element" of UCL claim, since plaintiff"does not have to rely on a violation of the Exchange Act nor an infraction of an NYSE rule or regulation to bring a UCL claim in California state court. He merely has to allege that Defendants' conduct was either unfair or fraudulent. . . . Rather, [plaintiff] seeks to use a state statute, namely California's Unfair Competition Law, as a vehicle to hold Defendants liable for misleading and deceptive practices . . ."
  8. Balcorta v. Twentieth Century-Fox Film, Corp.

    208 F.3d 1102 (9th Cir. 2000)   Cited 406 times   1 Legal Analyses
    Finding that even though the CBA "contain[ed] a paragraph that set[] forth time requirements governing the payment of wages after discharge," the question of whether a payment after discharge was timely "[was] controlled only by [section 201.5 of the Labor Code] and [did] not turn on whether the payment was timely under the provisions of the collective bargaining agreement"
  9. Moore v. Permanente Medical Group, Inc.

    981 F.2d 443 (9th Cir. 1992)   Cited 501 times
    Holding that a district court retained jurisdiction to award costs and attorney fees under 28 U.S.C. § 1447, the federal removal statute, even though the court's remand order did not specifically mention attorney fees
  10. Jairath v. Dyer

    154 F.3d 1280 (11th Cir. 1998)   Cited 144 times
    Holding that a claim of an Americans with Disabilities Act violation as an element of a state law cause of action was not sufficiently substantial to confer federal question jurisdiction
  11. Section 1447 - Procedure after removal generally

    28 U.S.C. § 1447   Cited 33,295 times   110 Legal Analyses
    Holding that with exceptions not relevant here, "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise"
  12. Section 45 - Unfair methods of competition unlawful; prevention by Commission

    15 U.S.C. § 45   Cited 3,864 times   565 Legal Analyses
    Providing court-ordered monetary penalties against anyone who engages in conduct previously identified as prohibited in a final cease and desist order, but only if the violator acted with "actual knowledge that such act or practice is unfair or deceptive"
  13. Section 1693 - Congressional findings and declaration of purpose

    15 U.S.C. § 1693   Cited 653 times   18 Legal Analyses
    Defining electronic fund transfer
  14. Section 1693m - Civil liability

    15 U.S.C. § 1693m   Cited 316 times   3 Legal Analyses
    Providing a good faith defense to claims related to consumer credit protection
  15. Section 632 - Jurisdiction of United States courts; disposition by banks of foreign owned property

    12 U.S.C. § 632   Cited 304 times   4 Legal Analyses
    Providing for federal jurisdiction over suits arising out of transactions involving international banking
  16. Section 1693a - Definitions

    15 U.S.C. § 1693a   Cited 209 times   3 Legal Analyses
    Defining PEFT
  17. Section 1693q - Relation to State laws

    15 U.S.C. § 1693q   Cited 32 times

    This subchapter does not annul, alter, or affect the laws of any State relating to electronic fund transfers, dormancy fees, inactivity charges or fees, service fees, or expiration dates of gift certificates, store gift cards, or general-use prepaid cards, except to the extent that those laws are inconsistent with the provisions of this subchapter, and then only to the extent of the inconsistency. A State law is not inconsistent with this subchapter if the protection such law affords any consumer