Legal Opinion
Hearn v. Reynolds
District Court, S.D. Mississippi
Decided July 6, 2012No. Cause No. 3:12-CV-00453-CWR-FKBPublishedCited by 1 opinion
1Opinion of the Court
ORDER OF REMAND
CARLTON W. REEVES, District Judge.
“Federal courts enjoy only limited jurisdiction,”1 and therefore, federal courts are obligated to evaluate the question of subject-matter jurisdiction in every case.2
Title 28, Section 1441 of the United States Code allows defendants sued in state court to have the case heard instead in federal court, so long as the case could have been brought in federal court to begin with.
But removal is not available simply because a case will, at- one point or another, involve a discussion of federal law. Instead, Section 1441 permits removal only when the…
2Cases cited11 opinions
- Bell v. HoodSupreme Court of the United States · 1946
- Grable & Sons Metal Products, Inc. v. Darue Engineering & ManufacturingSupreme Court of the United States · 2005
- Wisconsin Department of Corrections v. SchachtSupreme Court of the United States · 1998
- Gutierrez v. FloresCourt of Appeals for the Fifth Circuit · 2008
- Acara v. BanksCourt of Appeals for the Fifth Circuit · 2006
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3Cited by1 opinion
- Byrne v. Avery Center for Obstetrics & Gynecology, P.C.Supreme Court of Connecticut · 2014