Legal Opinion

Boyle v. MTV Networks, Inc.

District Court, N.D. California

Decided April 30, 1991No. C-90-2694-FMSPublishedCited by 14 opinions

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

  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. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  4. Simon v. Eastern Kentucky Welfare Rights OrganizationSupreme Court of the United States · 1976
  5. Flast v. CohenSupreme Court of the United States · 1968

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

3Cited by14 opinions

  1. Tenore v. AT&T Wireless ServicesWashington Supreme Court · 1998
  2. McGrath v. Home Depot USA, Inc.District Court, S.D. California · 2014
  3. Webb v. Carter's Inc.District Court, C.D. California · 2011
  4. American Inmate Phone Systems, Inc. v. US Sprint Communications Co.District Court, N.D. Illinois · 1992
  5. Weinberg v. Sprint Corp.District Court, D. New Jersey · 1996

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

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