Legal Opinion
Waste Control Specialists, LLC v. Envirocare of Texas, Inc.
Court of Appeals for the Fifth Circuit
Decided January 18, 2000No. 98-50952PublishedCited by 56 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
The issues presented in this appeal are, first, whether the district court erred in failing to remand this antitrust and business tort case to the state court by concluding that the complaint fell within the artful pleading doctrine and, second, whether the plaintiff waived its right to challenge federal jurisdiction because, after its efforts to remand had failed, it amended its complaint to state a federal claim.
I
The dispute between the appellant, Waste Control Specialists, L.L.C. (“WCS”), and the appellees, Envirocare of Texas, Inc., et al. (collectively,…
2Cases cited29 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Foman v. DavisSupreme Court of the United States · 1962
- Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
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3Cited by56 opinions
- Gentek Building Products, Inc., Steel Peel Litigation Trust, Formerly Known as Sherwin-Williams Claims Trust v. The Sherwin-Williams CompanyCourt of Appeals for the Sixth Circuit · 2007
- City of Oakland v. Bp P.L.C.Court of Appeals for the Ninth Circuit · 2020
- In Re 1994 Exxon Chemical FireCourt of Appeals for the Fifth Circuit · 2009
- Bernhard v. Whitney National BankCourt of Appeals for the Fifth Circuit · 2008
- Albert v. Smith's Food & Drug Centers, Inc.Court of Appeals for the Tenth Circuit · 2004
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