Federal-question jurisdiction has always been an elusive concept at its boundaries. The key words, "arising under," have proven to be two of the more versatile words in the English language. They mean different things in different contexts, and over time, they have evolved to mean very different things even in the same context. Last term, in Grable & Sons Metal Products Inc v Darue Engineering & Manufacturing, the Supreme Court issued the latest edition of its "arising under" dictionary. This Article is a guide to that edition. In this Article, the author will attempt to provide a framework for determining whether federal-question jurisdiction is present. Grable's new edition confirms that the second branch lives. Its four-prong test, while certainly not providing a bright line,...
The US Supreme Court will soon resolve a split in the federal circuit courts on the question of whether a district court could "look through" to the underlying claims to be arbitrated when determining whether it has "federal question" jurisdiction to hear a petition to compel arbitration under the Federal Arbitration Act (FAA), the issue raised in Vaden v Discovery Bank. The Court will also determine whether the related issue of whether "a completely preempted state law counterclaim" furnishes federal question jurisdiction to a district court. The decision under review is by the 4th Circuit. Vaden argues that the 4th Circuit failed to understand the background against which Congress was legislating when it enacted Section 4. She also argues that the court misunderstood Section 4's langu...
The US Supreme Court heard oral argument on October 6 in Betty E. Vaden v. Discover Bank. The Court is expected to decide an important jurisdictional question: whether a district court may "look through" to the underlying complaint in a case in order to decide whether it has "federal question" jurisdiction to hear a motion to compel arbitration under the Federal Arbitration Act. Discover Bank's counsel, Carter Phillips, an attorney with Sidley Austin in Washington, DC, argued that the issue in this case -- whether Section 4 authorizes a district court to compel arbitration when it determines it would have jurisdiction over the underlying dispute -- is a question of federal law.
... §227. Congress determined that federal legislation wasneeded because telemarketers, by ...2011), and provides that jurisdiction over thesestate-initiated suits lies exclusively... Mims invoked the court's "federal question" jurisdiction, . i.e., its authority to adjudicate...
The federal question jurisdiction of the federal courts. A. The Limits on the Federal Question Jurisdiction of the Federal Courts. B. Merrell Dow and the Introduction of the Private Right of Action. C. Grable: Private Right of Action as a Congressional Veto. II. The scholarly account of incorporation jurisdiction. A. The Federalism Account. B. The Article III Account. C. The Prudential Account. III. The erie doctrine and the limits of federal judicial common law powers. IV. Merrell dow as an article i limitation. A. The Two Classes of Incorporation Claims. B. The Nature of the Federal Interests in State Law Container Claims. C. A New Theory of Incorporation Jurisdiction. V. Conclusion.
Civil Procedure Federal question jurisdiction
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