61 Cited authorities

Burlington N. & Santa Fe Ry. Co. v. White
548 U.S. 53 (2006) Cited 11,590 times 104 Legal Analyses
Holding that a jury could find a reassignment from a position with "an indication of prestige" to one involving less desirable responsibilities "would have been materially adverse to a reasonable employee"
Caterpillar Inc. v. Williams
482 U.S. 386 (1987) Cited 11,591 times 8 Legal Analyses
Holding that the rule that a federal defense does not suffice to show that a claim arises under federal law applies "even if the defense is anticipated in the plaintiff's complaint, and even if both parties concede that the federal defense is the only question truly at issue"
Franchise Tax Bd. v. Laborers Vacation Trust
463 U.S. 1 (1983) Cited 10,600 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"
Beneficial Nat. Bank v. Anderson
539 U.S. 1 (2003) Cited 2,192 times 9 Legal Analyses
Holding that the National Bank Act, 12 U.S.C. §§ 85, 86, completely preempts state-law usury claims against national banks
Metro. Life Ins. Co. v. Taylor
481 U.S. 58 (1987) Cited 4,512 times 7 Legal Analyses
Holding that § 1144 preempts state common law claims
Erie R. Co. v. Tompkins
304 U.S. 64 (1938) Cited 20,733 times 18 Legal Analyses
Holding that state law governs substantive issues and federal law governs procedural issues
McCoy v. Shreveport
492 F.3d 551 (5th Cir. 2007) Cited 1,641 times 3 Legal Analyses
Holding that the plaintiff did not suffer a legally actionable adverse employment action necessary for her discrimination claim because the summary judgment evidence showed that she retired voluntarily, not as the result of a constructive discharge
Textile Workers v. Lincoln Mills
353 U.S. 448 (1957) Cited 2,323 times 1 Legal Analyses
Holding that § 301 expresses a federal policy in favor of the enforceability of labor contracts
In re Lipsky
58 Tex. Sup. Ct. J. 707 (Tex. 2015) Cited 959 times 4 Legal Analyses
Holding that because the object of the alleged conspiracy was to defame plaintiff, the conspiracy claim related to defendant's right to free speech under the TCPA
Avco Corp. v. Aero Lodge No. 735, International Ass'n of Machinists & Aerospace Workers
390 U.S. 557 (1968) Cited 1,116 times
Holding claims within the scope of section 301 of the LMRA completely preempted
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 100,124 times 139 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 51,346 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 1447 - Procedure after removal generally
28 U.S.C. § 1447 Cited 34,017 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"
Section 1132 - Civil enforcement
29 U.S.C. § 1132 Cited 26,679 times 174 Legal Analyses
Holding liable "[a]ny administrator" who fails to provide documents in a timely manner
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 23,110 times 16 Legal Analyses
Providing for service via CM/ECF Systems
Rule 10 - Form of Pleadings
Fed. R. Civ. P. 10 Cited 20,320 times 10 Legal Analyses
Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion
Section 151 - Definitions; short title
45 U.S.C. § 151 Cited 2,960 times 7 Legal Analyses
Defining "minor dispute" as disputes "growing out of grievances or out of the interpretation or application of agreements covering rates of pay, rules, or working conditions."
Section 1652 - State laws as rules of decision
28 U.S.C. § 1652 Cited 855 times
Distinguishing between application of state law in the presence of federal statute, Federal Rule of Civil Procedure enacted pursuant to the Rules Enabling Act, and judge-made federal rule whose applicability is affected by the Rules of Decision Act
Section 27.005 - Ruling
Tex. Civ. Prac. & Rem. Code § 27.005 Cited 824 times 2 Legal Analyses
Ruling required "not later than the 30th day following the date of the hearing on the motion"
Section 27.003 - Motion to Dismiss
Tex. Civ. Prac. & Rem. Code § 27.003 Cited 773 times 5 Legal Analyses
Halting discovery upon filing of a motion to dismiss under the Act

Waters v. Southwest Airlines Company

61 Cited authorities

Holding that a jury could find a reassignment from a position with "an indication of prestige" to one involving less desirable responsibilities "would have been materially adverse to a reasonable employee"

Holding that the rule that a federal defense does not suffice to show that a claim arises under federal law applies "even if the defense is anticipated in the plaintiff's complaint, and even if both parties concede that the federal defense is the only question truly at issue"

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"

Holding that the National Bank Act, 12 U.S.C. §§ 85, 86, completely preempts state-law usury claims against national banks

Holding that § 1144 preempts state common law claims

Holding that state law governs substantive issues and federal law governs procedural issues

Holding that the plaintiff did not suffer a legally actionable adverse employment action necessary for her discrimination claim because the summary judgment evidence showed that she retired voluntarily, not as the result of a constructive discharge

Holding that § 301 expresses a federal policy in favor of the enforceability of labor contracts

Holding that because the object of the alleged conspiracy was to defame plaintiff, the conspiracy claim related to defendant's right to free speech under the TCPA

Holding claims within the scope of section 301 of the LMRA completely preempted

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.”

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"

Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

Providing for service via CM/ECF Systems

Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

Defining "minor dispute" as disputes "growing out of grievances or out of the interpretation or application of agreements covering rates of pay, rules, or working conditions."

Distinguishing between application of state law in the presence of federal statute, Federal Rule of Civil Procedure enacted pursuant to the Rules Enabling Act, and judge-made federal rule whose applicability is affected by the Rules of Decision Act

Ruling required "not later than the 30th day following the date of the hearing on the motion"

Halting discovery upon filing of a motion to dismiss under the Act