Teamsters Local 404 Health Services & Insurance Plan v. King Pharmaceuticals, Inc. et al
MEMORANDUM OF LAW in Opposition re: 12 FIRST MOTION to Remand . / Respondents' Memorandum of Law in Opposition to Petitioner Teamsters Local 404 Health Services & Insurance Plan's Motion to Remand. Document
463 U.S. 1 (1983) Cited 10,471 times 5 Legal Analyses
Holding that a case may not be removed to federal court on the basis of a preemption defense even where "both parties admit that the defense is the only question truly at issue in the case"
526 U.S. 344 (1999) Cited 2,636 times 7 Legal Analyses
Holding that, where defendant was faxed a courtesy copy of a filed complaint, defendant's time to remove is not triggered "by mere receipt of the complaint unattended by any formal service"
370 U.S. 690 (1962) Cited 808 times 4 Legal Analyses
Holding that Court of Appeals erred by addressing plaintiff's allegations as separate claims, because in an antitrust case "plaintiffs should be given the full benefit of their proof without tightly compartmentalizing the various factual components and wiping the slate clean after scrutiny of each."
28 U.S.C. § 1331 Cited 97,872 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."
28 U.S.C. § 1441 Cited 50,257 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.”
28 U.S.C. § 1447 Cited 33,249 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"
28 U.S.C. § 1338 Cited 5,413 times 71 Legal Analyses
Granting exclusive jurisdiction to the district courts "of any civil action arising under any Act of Congress relating to patents, . . . copyrights and trademarks"
In § 2 cases under the Sherman Act, as in § 7 cases under the Clayton Act (Brown Shoe Co. v. United States, 370 U.S. 294, 325) there may be submarkets that are separate economic entities.