Legal Opinion

Lawson v. Potter

District Court, W.D. Missouri

Decided September 16, 2003No. CIV.A.03-3264-CV-S-RPublishedCited by 1 opinion

1Opinion of the Court

ORDER

LARSEN, United States Magistrate Judge.

Before the court is defendant’s motion to dismiss for lack of subject matter jurisdiction and failure to state a claim, pursuant to Rules 12(b)(1) and 12(b)(6), FED. R. CIV. P. On September 2, 2003, I ordered the parties to submit additional briefs on two issues: (1) whether the doctrine of complete preemption applies to convert plaintiffs claim to a Title VII claim of employment discrimination, and (2) whether plaintiff has alleged facts in her com plaint sufficient to state a Title VII claim. 1 I find that the complete preemption doctrine does…

2Cases cited11 opinions

  1. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  2. Brown v. General Services AdministrationSupreme Court of the United States · 1976
  3. Beneficial National Bank v. AndersonSupreme Court of the United States · 2003
  4. Chandler v. RoudebushSupreme Court of the United States · 1976
  5. Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875

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3Cited by1 opinion

  1. Mathirampuzha v. PotterDistrict Court, D. Connecticut · 2005

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