Legal Opinion
Oklahoma Ex Rel. Edmondson v. Magnolia Marine Transport Co.
Court of Appeals for the Tenth Circuit
Decided February 24, 2004No. 02-7139PublishedCited by 22 opinions
1Opinion of the Court
STEPHEN H. ANDERSON, Circuit Judge.
The plaintiff State of Oklahoma appeals from the denial of its motion to remand this case back to state court. The State asserts that removal of the case both violated the Eleventh Amendment and rested on an erroneous assertion of federal question jurisdiction. As explained below, we take jurisdiction of this interlocutory appeal under a particular variant of the collateral order doctrine, and, on the merits, hold that (1) the State’s Eleventh Amendment immunity did not bar removal, but (2) the specific basis for federal question jurisdiction relied on by…
2Cases cited26 opinions
- Caterpillar Inc. v. LewisSupreme Court of the United States · 1996
- Board of Trustees of Univ. of Ala. v. GarrettSupreme Court of the United States · 2001
- Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.Supreme Court of the United States · 1993
- Wisconsin Department of Corrections v. SchachtSupreme Court of the United States · 1998
- Romero v. International Terminal Operating Co.Supreme Court of the United States · 1959
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3Cited by22 opinions
- California ex rel Lockyer v. Dynegy, Inc.Court of Appeals for the Ninth Circuit · 2004
- California v. Atlantic Richfield Co. (In Re Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation)Court of Appeals for the Second Circuit · 2007
- Zhang Bin v. Boeing CompanyCourt of Appeals for the Seventh Circuit · 2015
- Louisiana Ex Rel. Caldwell v. Allstate InsuranceCourt of Appeals for the Fifth Circuit · 2008
- In Re Katrina Canal Litigation BreachesCourt of Appeals for the Fifth Circuit · 2008
17 more not listed; retrieve them via the Exa API.