federal-removal

37 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6508 In Re Angeliina L. Lawson 2026-01-07 Pending IFP ada-protections due-process federal-removal fourteenth-amendment subject-matter-jurisdiction supervisory-power 1. Whether the Supreme Court should exercise its supervisory power under Rule 20 and the All Writs Act to restrain a state judge who continues to act …
25-6193 In Re Gerald Nelson 2025-11-21 Denied IFP complete-preemption federal-removal labor-management-relations-act original-jurisdiction subject-matter-jurisdiction writ-of-mandamus This dispute concerns original jurisdiction and subject matter jurisdiction conferred over this action, pursuant to 28 U.S.C. Section 1331, because Pl…
25-5980 Kenny Taylor v. Brook Valley Management, Incorporated Fifth Circuit 2025-10-28 Denied IFP background-context federal-removal independent-claims jurisdictional-challenge state-law-cause-of-action statutory-references Whether a state-law cause of action — such as a meal-period violation under Texas law — may be dismissed or removed to federal court solely because t…
25-5595 Dina Sarkisova v. California Ninth Circuit 2025-09-10 Denied IFP constitutional-violation due-process federal-removal frivolous-appeal ninth-circuit subject-matter-jurisdiction 1. Whether the Ninth Circuit Court of Appeals violated Petitioner's due process rights by summarily dismissing her appeal as frivolous under 28 U.S.C.…
24-918 Exclusive Group Holdings, Inc. v. National Union Fire Insurance Company of Pittsburgh, Pennsylvania Eleventh Circuit 2025-02-25 Denied Response Waived attorneys-fees civil-litigation court-procedure federal-removal judicial-discretion statutory-interpretation Whether, in order to fulfill the "large objective" of deterring unnecessary federal court removal petitions, district courts are required to expressly…
24-911 Shlomo Rechnitz, et al. v. Nancy Hearden, et al. Ninth Circuit 2025-02-24 Denied Response Waived complete-preemption covered-persons federal-removal prep-act public-health-emergency state-law-claims Does the PREP Act completely preempt state-law claims against a covered person relating to the administration or use of a covered countermeasure, such…
24A678 Gerald Nelson v. New York City Transit Authority, et al. Second Circuit 2025-01-10 Presumed Complete collective-bargaining duty-of-fair-representation federal-removal labor-management-act pro-se-litigation subject-matter-jurisdiction Question not identified.
24-456 Boehringer Ingelheim Pharmaceuticals, Inc., et al. v. Beth Bacher, Representative for Paul Bacher, Deceased, et al. Second Circuit 2024-10-23 Denied class-action-fairness-act federal-removal mass-action statutory-interpretation subject-matter-jurisdiction trial-consolidation Whether plaintiffs' intent matters in assessing if plaintiffs have "proposed" a joint trial of the claims of 100 or more persons pursuant to 28 U.S.C.…
24-168 Usha Jain, et vir v. Donald Myers, et al. Eleventh Circuit 2024-08-16 Denied due-process federal-removal jurisdictional-transfer remand-order statutory-interpretation supreme-court-precedent Whether an endorsed remand order on a new subsequent federal removal case with new ground filed under 28 U.S.C. § 1443, without issuance of a certifie…
24-5135 Timothy Kaler v. ESA Management, LLC Ninth Circuit 2024-07-25 Denied IFP 6th-amendment ada ada-violation cares-act constitutional-violation due-process federal-cares-act federal-removal fiduciary-duty jurisdictional-conflict The issue here is jurisdictional and that the state matter should be heard in Federal court for the reasons detailed. The U.S. Court of Appeals for th…
23-5974 Timothy Kaler v. ESA Management, LLC Ninth Circuit 2023-11-08 Denied IFP amendment-interpretation cares-act cares-act-violation civil-procedure constitutional-due-process constitutional-violations due-process federal-jurisdiction federal-removal fiduciary-duty jurisdictional-conflict removal The issue here is jurisdictional and that the state matter should be heard in Federal court for the reasons detailed. The U.S. Court of Appeals for th…
23-476 Centinela Skilled Nursing & Wellness Centre West, LLC, et al. v. Shalimah Abdullah, as Legal Representative and Successor-in-Interest of Eric Holloway, Deceased, et al. Ninth Circuit 2023-11-06 Denied Response Waived circuit-split complete-preemption covered-countermeasure federal-jurisdiction federal-removal PREP-Act public-health-emergency willful-misconduct "[W]hen a federal statute wholly displaces" a plaintiff's "state-law cause of action through complete pre-emption," the defendant may remove the case …
23-434 Erie Indemnity Company v. Erie Insurance Exchange, By Troy Stephenson, Christina Stephenson, and Steven Barnett, Trustees ad Litem Third Circuit 2023-10-26 Denied Response RequestedResponse WaivedRelisted (2) CAFA cafa-jurisdiction civil-procedure class-action federal-jurisdiction federal-removal jurisdictional-rules procedural-gamesmanship removal standing voluntary-dismissal 1. Whether plaintiffs can evade federal CAFA jurisdiction through pleading artifices, while pursuing a representative action for the purported benefit…
23-287 Vernon Healthcare Center, LLC, et al. v. Debra Ann Blackmon, By and Through Her Guardian ad Litem, Latasha Bracks Ninth Circuit 2023-09-22 Denied Response Waived circuit-split complete-preemption covered-countermeasure federal-jurisdiction federal-removal PREP-Act public-health-emergency willful-misconduct Does the PREP Act completely preempt state law claims against a covered person relating to the administration or use of a covered countermeasure, such…
23-295 San Marino Gardens Wellness Center, LP, dba Pasadena Park Healthcare and Wellness Center v. Susan Olmes, Individually and as Heir and Successor in Interest to the Estate of Michael Olmes Ninth Circuit 2023-09-22 Denied Response Waived circuit-split complete-preemption covered-countermeasure federal-jurisdiction federal-removal PREP-Act public-health-emergency willful-misconduct "[W]hen a federal statute wholly displaces" a plaintiff's "state-law cause of action through complete pre-emption," the defendant may remove the case …
23-294 San Pablo Healthcare & Wellness Center, LLC v. Lynetta Westbrook Ninth Circuit 2023-09-22 Denied Response Waived circuit-split civil-rights covered-countermeasure emergency-preparedness federal-jurisdiction federal-removal preemption public-health public-health-emergency removal willful-misconduct "[W]hen a federal statute wholly displaces" a plaintiff's "state-law cause of action through complete pre-emption," the defendant may remove the case …
23-293 Pomona Healthcare and Wellness Center, dba Park Avenue Healthcare and Wellness Center v. Brenda Thomas, Individually and as Heir and Successor in Interest to Larry Charles Jackson Ninth Circuit 2023-09-22 Denied Response Waived complete-preemption covered-countermeasure federal-jurisdiction federal-removal PREP-Act public-health-emergency state-law-claims willful-misconduct "[W]hen a federal statute wholly displaces" a plaintiff's "state-law cause of action through complete pre-emption," the defendant may remove the case …
23-292 Riverside Healthcare and Wellness Centre, LLC, et al. v. Latifa Khan, Individually and as Heir and Successor in Interest to Nafiu Khan, Deceased Ninth Circuit 2023-09-22 Denied Response Waived circuit-split complete-preemption covered-countermeasure federal-jurisdiction federal-removal PREP-Act public-health-emergency willful-misconduct "[W]hen a federal statute wholly displaces" a plaintiff's "state-law cause of action through complete pre-emption," the defendant may remove the case …
23-288 Novato Healthcare Center, LLC, et al. v. Angelina Martinez Ninth Circuit 2023-09-22 Denied Response Waived circuit-split complete-preemption covered-countermeasure federal-jurisdiction federal-removal PREP-Act public-health-emergency willful-misconduct "[W]hen a federal statute wholly displaces" a plaintiff's "state-law cause of action through complete pre-emption," the defendant may remove the case …
23-286 Windsor Oakridge Healthcare Center, LP, et al. v. Valerie Turner, et al. Ninth Circuit 2023-09-22 Denied Response Waived circuit-split complete-preemption covered-countermeasure federal-jurisdiction federal-removal PREP-Act public-health-emergency willful-misconduct "[W]hen a federal statute wholly displaces" a plaintiff's "state-law cause of action through complete pre-emption," the defendant may remove the case …
23-216 Klamath Irrigation District v. United States Bureau of Reclamation, et al. Ninth Circuit 2023-09-07 Denied Response Waived comprehensive-adjudication federal-obligations federal-removal in-rem-jurisdiction judicial-review mccarran-amendment prior-exclusive-jurisdiction state-adjudication water-rights Whether the federal government can avoid the doctrine of prior exclusive jurisdiction in an ongoing, comprehensive water adjudication under the McCarr…
22-962 Usha Jain, et vir v. David Barker, et al. Eleventh Circuit 2023-04-04 Denied 28-usc-1443 anti-injunction-statute appellate-jurisdiction civil-procedure federal-jurisdiction federal-removal finality jurisdictional-challenge remand removal statutory-interpretation Whether the Court of Appeals has jurisdiction to review when finality is not reached in the District case as there is no formal written remand order i…
22-6544 Bradley B. Miller v. Andrea Plumlee, Judge, District Court of Texas, Dallas County Texas 2023-01-17 Denied IFP civil-procedure due-process federal-removal fourteenth-amendment judicial-immunity jurisdiction res-judicata standing state-court-jurisdiction statute-of-limitations 1) Whether state court jurisdiction halts during the pendency of a federal removal. 2) Whether any state court proceedings conducted during the pende…
22-192 Glenhaven Healthcare LLC, et al. v. Jackie Saldana, et al. Ninth Circuit 2022-08-31 Denied Amici (2) complete-preemption covered-countermeasure federal-jurisdiction federal-removal PREP-Act public-health-emergency state-law-claims willful-misconduct "(When a federal statute wholly displaces" a plaintiffs "state-law cause of action through complete pre-emption," the defendant may remove the case to…
22-73 Usha Jain, et vir v. David Barker, et al. Florida 2022-07-26 Denied civil-rights constitutional-rights due-process federal-removal federal-statute jurisdiction remand-order removal-jurisdiction standing state-court state-court-proceedings This Court should resolve the question of the law, whether the state court's jurisdiction continues during the removal period and whether state court …
21-8161 Onofre Tommy Serrano v. United States Ninth Circuit 2022-06-16 Denied Response WaivedIFP 42-usc-1443 civil-rights civil-rights-removal criminal-prosecution due-process equal-protection federal-defense federal-jurisdiction federal-removal jurisdiction removal statutory-interpretation 1. Does berg derled equol civl Rights on the basis fOR REMOU pRSANt tO 28 USC & 1443(1)? 2. CaN A CRimIrAl stote cASE be RemovEd puRsJANt tO 28 USC &…
21-1074 Mark A. Di Carlo v. James R. Swartz, Jr., et al. Sixth Circuit 2022-02-03 Denied attorneys-fees civil-procedure defamation due-process federal-removal fourteenth-amendment ohio-law rule-54 1. CAN A FEDERAL DISTRICT COURT JUDGE GRANT ATTORNEYS FEES IN FEDERAL DISTRICT COURT IN A FEDERAL REMOVAL PROCEEDING FROM OHIO STATE COURTS FOR DEFAMA…
21-6799 Erich William Norris v. Brook Forest Community Association, Inc. Fifth Circuit 2022-01-10 Denied Response WaivedIFP constitutional-interpretation due-process equal-protection federal-removal judicial-discretion pro-se-litigation racial-inequality rule-of-law state-court-procedure state-remedy texas-constitution 1) Does patently unequal, disparate state administration of the Rule of Law and failure to provide state remedy in strict accordance with the Texas Co…
21-240 KWS Inc., a Member of the Thiele Group v. Eric Scalla Pennsylvania 2021-08-18 Denied Response Waived civil-procedure default-judgment federal-removal federal-rights federal-statutory-right federal-supremacy procedural-prerequisites state-court-procedure state-procedure supremacy-clause Whether a state court may require a federal-court litigant that has exercised its federal statutory right of removal following the state court's entry…
20-1089 Chevron Corporation, et al. v. City of Oakland, California, et al. Ninth Circuit 2021-02-09 Denied Amici (4) civil-procedure civil-rights climate-change due-process federal-common-law federal-removal interstate-pollution jurisdictional-challenge standing state-law takings tort-claims I. Whether putative state-law tort claims alleging harm from global climate change are removable because they arise under federal law. II. Whether a …
20-6749 Ricardo Morales v. Missouri, et al. Eighth Circuit 2020-12-31 Denied IFP 28-usc-1447c civil-procedure civil-procedure-violation conflict-of-interest due-process equal-protection federal-removal judicial-misconduct I. WHETHER THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT WAS CLEARLY ERRONEOUS AND DENIED PETITIONER FEDERAL DUE PROCESS AND EQUAL PROTECT…
20-328 Charlie Wilson, as Executor of the Estate of Debra Wilson v. Dallas County Hospital District, dba Parkland Health and Hospital System Texas 2020-09-11 Denied Response Waived civil-procedure conflict-preemption federal-appeal federal-removal jurisdictional-ping-pong preemption state-court-jurisdiction state-deadlines statutory-deadline tolling 1. Are state statutory pre-discovery deadlines tolled – either by the rules of federal appeal, rules of federal procedure, or equitable tolling princi…
20-67 Delaney E. Smith, Jr. v. County of Los Angeles, California, et al. Ninth Circuit 2020-07-24 Denied Relisted (2) appellate-procedure civil-procedure civil-rights contradictory-rulings due-process en-banc-panel federal-removal notice-of-appeal racial-discrimination standing subject-matter-jurisdiction 1. Whether Ninth Circuit Court of Appeals forfeited subject matter jurisdiction to make rulings when Court failed and then refused to file Notice of A…
19-1315 Nevada, et al. v. Donald Walden, Jr., et al. Ninth Circuit 2020-05-27 Denied Response RequestedRelisted (2) 11th-amendment civil-procedure constitutional-law court-jurisdiction due-process federal-jurisdiction federal-removal judicial-procedure removal sovereign-immunity state-courts state-immunity Whether a state remains immune from suit after voluntarily removing a federal claim to federal court when the state is immune from such claims in its …
19-219 Joan Demarest v. HSBC Bank USA, N.A., as Trustee for the Registered Holders of Nomura Home Equity Loan, Inc., et al. Ninth Circuit 2019-08-20 Denied Response Waived citizenship citizenship-determination court-jurisdiction diversity diversity-jurisdiction federal-court federal-removal mortgage-investment-trust real-estate-investment-trust real-estate-trust removal trustee In Americold Realty Trust v. ConAgra Foods, 136 S.Ct. 1012 (2016), this Court ruled that, for diversity, a real estate investment trust was a citizen …
18-8178 Charles E. Justise, Sr. v. David Liebel, et al. Indiana 2019-02-28 Denied IFP civil-procedure exceptions federal-court federal-removal judicial-discretion jurisdiction multi-defendant procedural-rules removal state-court unrelated-claims Whether Federal Rule of Civil Procedure 18 allows a case with unrelated claims to be removed from state court to federal court, and, if so, the except…
18-660 Kenneth J. Taggart v. Wells Fargo Bank, N.A., et al. Third Circuit 2018-11-21 Denied carpenter-v-longan due-process federal-home-loan-mortgage-corporation federal-jurisdiction federal-preemption federal-removal freddie-mac mortgage note property-rights real-estate security-interest standing state-court-action 1. Has the authority of the Federal Home Loan Mortgage Corporation (Freddie Mac) to remove state court actions to federal court, pursuant to 12 U.S.C.…