Legal Opinion

COM. OF MASSACHUSETTS v. Philip Morris Inc.

District Court, D. Massachusetts

Decided May 20, 1996No. Civil Action 96-10014-GAOPublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

O’TOOLE, District Judge.

After this action was commenced in the Massachusetts Superior Court, the defendants removed it to this Court. The plaintiff Commonwealth of Massachusetts has objected that the removal was improper and now asks that it be remanded. The principal issue raised by Massachusetts’ motion is whether the complaint presents a “federal question” lying within the jurisdiction of this Court or whether the claims asserted arise only under state law. The defendants also contend that the action is equivalent to a claim on behalf of the United States, and so falls…

2Cases cited30 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. Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986
  4. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  5. New York v. United StatesSupreme Court of the United States · 1992

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3Cited by8 opinions

  1. Pennsylvania v. Eli Lilly & Company, Inc.District Court, E.D. Pennsylvania · 2007
  2. State of NY v. Lutheran Center for the Aging, Inc.District Court, E.D. New York · 1997
  3. State of Maryland v. Philip Morris Inc.District Court, D. Maryland · 1996
  4. Utah v. Eli Lilly and Co.District Court, D. Utah · 2007
  5. Charlotte-Mecklenburg Hospital Authority v. North Carolina Department of Health & Human ServicesCourt of Appeals of North Carolina · 2009

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