Legal Opinion
Fleet Bank, National Ass'n v. Burke
Court of Appeals for the Second Circuit
Decided November 9, 1998No. Docket No. 98-9324PublishedCited by 41 opinions
1Opinion of the Court
JON O. NEWMAN, Circuit Judge:
This appeal concerning a preemption claim presents an issue of federal subject matter jurisdiction that appears not to have been explicitly considered by any court. The issue is whether subject matter jurisdiction under 28 U.S.C. § 1331 (1994) is available for a complaint seeking declaratory and injunctive relief against a state officer and a state agency that alleges (a) that state law does not prohibit the action the defendants assert the plaintiff may not take and (b) that state law, if construed to prohibit the plaintiffs conduct, is preempted by federal law.…
2Cases cited50 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Ex Parte YoungSupreme Court of the United States · 1908
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
- Edelman v. JordanSupreme Court of the United States · 1974
45 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Henrietta D. v. BloombergCourt of Appeals for the Second Circuit · 2003
- Michael Lovern, Sr. v. Mark A. Edwards, Individually and in His Official Capacity as Superintendent of the Henrico County Public SchoolsCourt of Appeals for the Fourth Circuit · 1999
- Charles M. McDonald v. Village of Winnetka, Ronald Colpaert, Scott Smith and Mitchell S. KushnerCourt of Appeals for the Seventh Circuit · 2004
- Ammex, Inc., Plaintiff-Appellant/cross-Appellee v. Michael A. Cox, Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 2003
- Friends of the East Hampton Airport, Inc. v. Town of East HamptonCourt of Appeals for the Second Circuit · 2016
36 more not listed; retrieve them via the Exa API.