Flying Pigs, LLC v. RRAJ Franchising, LLC

Flying Pigs filed suit in state court against RRAJ to enforce an equitable lien against certain trademarks and associated goodwill now owned by RRAJ. RRAJ removed to federal court and the district court denied Flying Pigs's motion to remand to state court and then granted RRAJ's Rule 12(b)(6) motion to dismiss the complaint with prejudice. The court concluded that the "necessarily raised" requirement for a "significant" federal issue had not been satisfied. Flying Pigs has not filed a complaint arising under federal law; it had initiated a foreclosure proceeding in state court to enforce an equitable lien under North Carolina law. Accordingly, the court vacated the judgment and remanded for the return of the litigation to state court. View "Flying Pigs, LLC v. RRAJ Franchising, LLC" on Justia Law