Marathon Oil Co. v. Ruhrgas
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
Today we decide whether, on removal from a state court, a district court has discretion to resolve a challenge to personal jurisdiction before ruling on a legally more difficult question. concerning its alleged lack of subject-matter jurisdiction. We conclude that, at least in removed cases, district courts should decide issues of subject-matter jurisdiction first and, only if subject-matter jurisdiction is found to exist, reach issues of personal jurisdiction. Accordingly, we vacate the judgment and remand with instruction to rule on the motion to remand to…
Also in this document: Dissent.
2Cases cited68 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Burger King Corp. v. RudzewiczSupreme Court of the United States · 1985
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
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3Cited by114 opinions
- Ruhrgas Ag v. Marathon Oil Co.Supreme Court of the United States · 1999
- University of South Alabama v. American Tobacco Co.Court of Appeals for the Eleventh Circuit · 1999
- Andrew Pretka v. Kolter City Plaza II, Inc.Court of Appeals for the Eleventh Circuit · 2010
- Southmark Corp. v. Coopers & LybrandCourt of Appeals for the Fifth Circuit · 1999
- Gebbia v. Wal-Mart Stores, Inc.Court of Appeals for the Fifth Circuit · 2000
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