Legal Opinion
Horowitz v. Marlton Oncology, P.C.
District Court, D. New Jersey
Decided November 17, 1999No. Civ. 99-3863(JBS)PublishedCited by 5 opinions
1Opinion of the Court
OPINION
SIMANDLE, District Judge.
In the instant case, this Court is called upon to decide if a state racketeering claim is removable to the federal courts pursuant to federal question jurisdiction, 28 U.S.C. § 1331. As explained below, this Court agrees with several other courts that a state RICO claim does not satisfy federal question jurisdiction under the “well-pleaded complaint” rule, and thus plaintiffs motion for remand will be granted. Accordingly, this Court will have no occasion to reach defendant’s motion to dismiss, and that motion will be dismissed without prejudice to defendants’…
2Cases cited18 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
- Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
- Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986
- Stephen B. Batoff, ph.d. v. State Farm Insurance Company, Leonard M. Paul, ed.dCourt of Appeals for the Third Circuit · 1992
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3Cited by5 opinions
- Gardiner v. St. Croix District Governing Board of DirectorsDistrict Court, Virgin Islands · 2012
- County of Delaware v. Government Systems, Inc.District Court, E.D. Pennsylvania · 2002
- American Systems Consulting, Inc. v. DevierDistrict Court, S.D. Ohio · 2007
- CRUZ v. ASPEN LANDSCAPING CONTRACTING, INC.District Court, D. New Jersey · 2021
- The People of the State of New York v. Arm or Ally, LLCDistrict Court, S.D. New York · 2022