Federal Question jurisdiction

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Judge Philip Banks

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Federal Question jurisdiction

Postby Judge Philip Banks » Tue Dec 13, 2011 5:19 pm

Is the Grable test/factors the more modern synthesis of the approaches of the post-American Well Works cases, Smith v. Kansas City Title and Merrell Dow, and Holmes' approach from American Well Works is the older test that might not find jurisdiction where Grable might?

In other words, the Holmes test from American Well Works should be applied to situations where the claim is a state law claim that may have an embedded federal question. Which will result in the Holmes test finding no federal question, but then we can apply Grable which might find jurisdiction.

Am I getting this right? Does what I said even make sense?

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