Legal Opinion
Dillon v. Medtronic, Inc.
District Court, E.D. Kentucky
Decided January 6, 2014No. Civil No. 13-105-ARTPublishedCited by 31 opinions
1Opinion of the Court
AMENDED AND SUPERSEDING MEMORANDUM OPINION AND ORDER
AMUL R. THAPAR, District Judge.
Congress offers two roads into federal court based on federal questions, and the state-court defendants in this case seek to take the one less traveled. Unfortunately that road is closed to them. Although the defendants allege federal law preempts the plaintiffs’ claims, preemption is merely a defense, and thus does not count for the purposes of jurisdiction. The Court must therefore remand this case back to state court, since no federal issue appears on the face of the plaintiffs’ well-pleaded complaint.
BACKGRO…
2Cases cited37 opinions
- 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
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Hertz Corp. v. FriendSupreme Court of the United States · 2010
- Gunn v. MintonSupreme Court of the United States · 2013
32 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- H.R. ex rel. Reuter v. Medtronic, Inc.District Court, S.D. Ohio · 2014
- Schilmiller v. Medtronic, Inc.District Court, W.D. Kentucky · 2014
- Carmine v. PoffenbargerDistrict Court, E.D. Virginia · 2015
- Arrington v. Medtronic, Inc.District Court, W.D. Tennessee · 2014
- Thomas Baltrusaitis v. UAWCourt of Appeals for the Sixth Circuit · 2025
26 more not listed; retrieve them via the Exa API.