Legal Opinion

In Re Fraser

District Court, E.D. Texas

Decided November 5, 1999No. 598CV45PublishedCited by 5 opinions

1Opinion of the Court

ORDER

FOLSOM, District Judge.

Now before the Court is Relators’ 1 Motion to Remand. Members of the Texas state legislature (“Relators”) seek remand of a mandamus proceeding originally filed in the Texas Supreme Court and removed to this Court pursuant to' 28 U.S.C. §§ 1441 and 1651. Relators argue removal was improper because this Court lacks subject matter jurisdiction and because removal is precluded by the Eleventh Amendment. Realtors further argue that this case should be remanded because it was removed to the wrong district and, alternatively, even if removal was proper, the Court should…

2Cases cited57 opinions

  1. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  2. Ex Parte YoungSupreme Court of the United States · 1908
  3. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  4. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  5. Hans v. LouisianaSupreme Court of the United States · 1890

52 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Texas v. Real Parties in InterestCourt of Appeals for the Fifth Circuit · 2001
  2. In Re TexasDistrict Court, E.D. Texas · 2000
  3. In Re FraserDistrict Court, E.D. Texas · 2000
  4. Marshall v. American General Life & Accident InsuranceDistrict Court, E.D. Tennessee · 2001
  5. Kreps v. Michigan Unemployment Insurance AgencyDistrict Court, E.D. Michigan · 2023

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