Grable continued
State law claim
• Necessarily raise federal issue
• Actually disputed
• Substantial
• Does it disturb the congressional balance of state federal
responsibilities?
• Is there a federal private right of action?
• If yes-federal question subject matter jurisdiction
• If no-docket shift from state to federal
• If it has a microscopic effect of federal
division/state of labor then yes
• If there is a large shift then no federal
question jurisdiction
• If there is a small shift then yes there
is federal question jurisdiction
The IRS needs to be under Federal courts on the state courts
• It would portend only a microscopic effect on the federal-state
division of labor.
Look at Merrell/Dow printout.
• It would be wholly illegitimate for this Court to determine that
there is no jurisdiction over a class of cases simply because
the Court thought that there were too many cases in federal
courts.
Removal Jurisdiction
Permits the defendant (if there is subject matter jurisdiction) to
“remove” a case that was originally filed in state court to federal court.
§ 1441 pg 195
• If it had been filed in federal court it would have had federal
subject matter jurisdiction.
• Must prove there is a federal cause of action
PL may try to write complaint so they the DF will not try to take it to
Federal court.
• If DF is trying to remove the case they are still stuck with the
complaint
What is the procedure for removal?
(removal: means removing from state to federal court)
(remand: sending it back to state court)
