Life of a Law Student

We finally wrap-up our introductory definition of a “federal question.” We will look at the general rule for whether a case may be heard in state or federal court (American Well Works: “a suit arises under the law that creates the cause of action”), and then an exception to that rule (Smith: “substantial” questions of federal law may go directly to federal court). We will then apply that framework to the just decided Grable.

American Well Works v. Layne & Bowler Co.
Smith v. Kansas City Title & Trust Co.
Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing

 

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