Legal Opinion
Chivas Products Ltd. v. Owen
Court of Appeals for the Sixth Circuit
Decided December 28, 1988No. 87-1784PublishedCited by 25 opinions
1Opinion of the Court
MERRITT, Circuit Judge.
This is a removal case transferred from the state to the federal court under 28 U.S.C. § 1441.1 The dispositive question on appeal from the District Court’s dismissal of a Racketeer Influenced and Corrupt Organizations Act (RICO) civil action is one of subject-matter jurisdiction: is civil RICO jurisdiction exclusively federal or concurrent with the states, and if exclusively federal, does the doctrine of “derivative” removal jurisdiction require dismissal in the case? We hold that RICO jurisdiction is exclusively federal and that the state court had no jurisdiction of…
2Cases cited35 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Sedima, S. P. R. L. v. Imrex Co.Supreme Court of the United States · 1985
- Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
- Agency Holding Corp. v. Malley-Duff & Associates, Inc.Supreme Court of the United States · 1987
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3Cited by25 opinions
- Tafflin v. LevittSupreme Court of the United States · 1990
- Mildred MARSHALL, Plaintiff-Appellant, v. MANVILLE SALES CORPORATION, Defendant-Appellee, and Robert L. Mason, DefendantCourt of Appeals for the Fourth Circuit · 1993
- Hartford Accident & Indemnity Company v. Costa Lines Cargo Services, Inc., Evergreen Marine Corporation (New York) Ltd., Etc.Court of Appeals for the Fifth Circuit · 1990
- McCarter v. MitchamCourt of Appeals for the Third Circuit · 1989
- Waste Control Specialists, LLC v. Envirocare of Texas, Inc.Court of Appeals for the Fifth Circuit · 2000
20 more not listed; retrieve them via the Exa API.