Topic: a counterclaim-which appears as part of the defendant's ans… · Go Syfert
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Topic #6547

7 canonical passages across 5 cases, quoted by 53 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc..

#Case FlagCanonical passage Citers
1 Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc. Anchor
scotus · 2002
green “a counterclaim-which appears as part of the defendant's answer, not as part of the plaintiff's complaint-cannot serve as the basis for 'arising under' jurisdiction.” 13
2 Acuna v. Brown & Root Inc.
ca5 · 2000
green “must presume that a suit lies outside its limited jurisdiction.” 11
3 Bernhard v. Whitney National Bank
ca5 · 2008
green “even an inevitable federal defense does not provide a basis for removal jurisdiction.” 7
4 Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc.
scotus · 2002
green “a counterclaim - which appears as part of the defendant's answer, not as part of the plaintiffs complaint - cannot serve as the basis for 'arising under' jurisdiction.” 7
5 Venable v. Louisiana Workers' Compensation Corp.
ca5 · 2013
green “a right or immunity created by the constitution or laws of the united states must be an element, and an essential one, of the plaintiff's cause of action.” 6
6 Venable v. Louisiana Workers' Compensation Corp.
ca5 · 2013
green “necessarily raises a stated federal issue, actually disputed and substantial, which a federal forum may entertain without disturbing any congressionally approved balance of federal and state judicial responsibilities.” 6
7 Un Planters Bnk Natl v. Gavel
ca5 · 2004
green “a party may neither consent to nor waive federal subject matter jurisdiction.” 3

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