Legal Opinion
California v. NRG Energy Inc.
Court of Appeals for the Ninth Circuit
Decided December 8, 2004No. Nos. 02-57200, 02-57202, 02-57210, 03-55118, 03-55131, 03-55176, 03-55241, 03-55249, 03-55266, 03-55319, 03-55322, 03-55349PublishedCited by 18 opinions
1Opinion of the Court
SCHROEDER, Chief Judge:
The fundamental question in this appeal from a district court order of remand is whether we have appellate jurisdiction in light of the limitations of 28 U.S.C. § 1447(d). We hold that we have jurisdiction to review the district court’s ruling on substantive issues of controlling law on the merits of the case. We affirm all of the district court’s rulings on those substantive issues, relating principally to immunity, but hold that the claims against the U.S. government agencies should have been dismissed rather than remanded to state court.
BACKGROUND
The underlying…
2Cases cited18 opinions
- Lane v. PenaSupreme Court of the United States · 1996
- United States v. BestfoodsSupreme Court of the United States · 1998
- Republic of Argentina v. Weltover, Inc.Supreme Court of the United States · 1992
- Things Remembered, Inc. v. PetrarcaSupreme Court of the United States · 1995
- First National City Bank v. Banco Para El Comercio Exterior De CubaSupreme Court of the United States · 1983
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3Cited by18 opinions
- Powerex Corp. v. Reliant Energy Services, Inc.Supreme Court of the United States · 2007
- California Department of Water Resources v. Powerex Corp.Court of Appeals for the Ninth Circuit · 2008
- Overlook Gardens Props., LLC v. Orix United States, L.P.Court of Appeals for the Eleventh Circuit · 2019
- Aguon-Schulte v. Guam Election Com'n.Court of Appeals for the Ninth Circuit · 2006
- Alpha Land Co. v. LittleDistrict Court, E.D. California · 2006
13 more not listed; retrieve them via the Exa API.