Legal Opinion

Cindy Whitman v. Raley's Inc., Floyd L. Krentz v. Connecticut General Life Insurance Company

Court of Appeals for the Ninth Circuit

Decided October 3, 1989No. 87-2969, 89-16257PublishedCited by 74 opinions

1Opinion of the Court

HUG, Circuit Judge:

We have chosen to resolve these two cases as companions because they present the same legal issue: Does 28 U.S.C. § 1447(d) bar review of remand orders that are based on a finding that federal law does not completely preempt plaintiff’s state claims? We hold that it does.

I

WHITMAN APPEAL

On March 21, 1986, Cindy Whitman filed a complaint against Raley’s, her former employer, alleging causes of action for: (1) wrongful termination; (2) defamation; (3) conspiracy; (4) intentional infliction of emotional distress; (5) negligent infliction of emotional distress; and (6) reckless,…

2Cases cited7 opinions

  1. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  2. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  3. Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
  4. Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
  5. Pelleport Investors, Inc. v. Budco Quality Theatres, Inc.Court of Appeals for the Ninth Circuit · 1984

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

3Cited by74 opinions

  1. Peter C. Browning v. Jeff P. ProstokTexas Supreme Court · 2005
  2. Gaming Corporation of America Golden Nickel Casinos, Inc. v. Dorsey & Whitney, a Partnership, in Re Dorsey & Whitney, a PartnershipCourt of Appeals for the Eighth Circuit · 1996
  3. Schmeling v. NordamCourt of Appeals for the Tenth Circuit · 1996
  4. Transit Casualty Company v. Certain Underwriters At Lloyd's Of LondonCourt of Appeals for the Eighth Circuit · 1997
  5. Duane Carlson v. Arrowhead Concrete Works, Inc.Court of Appeals for the Eighth Circuit · 2006

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

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