Marathon Oil Co. v. Ruhrgas

U.S. Court of Appeals, Fifth Circuit · Decided 1998-06-22

Cited by 118 later decision(s) in our corpus · see the citation network in Lexace

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JERRY E. SMITH, Circuit Judge: Today we decide whether, on removal from a state court, a district court has discretion to resolve a challenge to personal jurisdiction before ruling on a legally more difficult question. concerning its alleged lack of subject-matter jurisdiction. We conclude that, at least in removed cases, district courts should decide issues of subject-matter jurisdiction first and, only if subject-matter ju…

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