Legal Opinion
Dakota, Minnesota & Eastern Railroad v. Schieffer
District Court, D. South Dakota
Decided March 8, 2012No. CIV 10-4037-RALPublishedCited by 4 opinions
1Opinion of the Court
OPINION AND ORDER GRANTING MOTION TO DISMISS
ROBERTO A. LANGE, District Judge.
This matter is before the Court on remand from the United States Court of Appeals for the Eighth Circuit. See Dakota, Minn. E. R.R. Corp. v. Schieffer, 648 F.3d 935 (8th Cir.2011). The question on remand is whether there exists subject matter jurisdiction over the present action. This Court previously determined that there was no federal subject matter jurisdiction. The Eighth Circuit agreed in part, but remanded for consideration of a theory of possible federal subject matter jurisdiction that neither party advanced…
2Cases cited18 opinions
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Aetna Health Inc. v. DavilaSupreme Court of the United States · 2004
- Massachusetts v. MorashSupreme Court of the United States · 1989
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3Cited by4 opinions
- Dakota, Minnesota & Eastern Railroad v. SchiefferCourt of Appeals for the Eighth Circuit · 2013
- BCBSM, Inc. v. I.B.E.W. 292 Health Care PlanDistrict Court, D. Minnesota · 2022
- BH Services Inc. v. FCE Benefit Administrators Inc.District Court, D. South Dakota · 2017
- Dakota, MN & Eastern R.R. v. Kevin SchiefferCourt of Appeals for the Eighth Circuit · 2013