Boyle v. MTV Networks, Inc.
District Court, N.D. California
1Opinion of the Court
ORDER GRANTING REMAND
FERN M. SMITH, District Judge.
This matter is before the Court on Plaintiffs motion for remand. Plaintiff filed suit in state court seeking relief based on California law. Defendants removed to this Court, claiming that federal law preempts Plaintiffs state law causes of action and that Plaintiff had “artfully pleaded” around her true federal basis for relief. For the reasons discussed in this Order, Defendants’ removal was inappropriate because this Court lacks subject matter jurisdiction; Plaintiff’s motion to remand is therefore GRANTED.
FACTS
On August 23, 1990,…
2Cases cited25 opinions
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- Simon v. Eastern Kentucky Welfare Rights OrganizationSupreme Court of the United States · 1976
- Flast v. CohenSupreme Court of the United States · 1968
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