Supreme Court Argument Report: Pre-emption, Arbitration and Litigation Oct 7, 2008
At issue in the third case argued Monday, Vaden v. Discover Bank, is whether a federal court's subject matter jurisdiction over a petition to compel arbitration must be supported by the petition itself, or whether the court can "look through" the motion to determine the presence of a federal question in the underlying dispute between the parties ... The 4th U.S. Circuit Court of Appeals held that Vaden's counterclaims were pre-empted by the Federal Deposit Insurance Act and that the presence of... (Law.com)
Appeal in Defamation Case Against N.Y. Mayor Bloomberg Argued Before 11th Circuit Sep 17, 2008
"That is a federal question.". Dubina wanted to know why the questions of jurisdiction currently before the court on an interlocutory appeal shouldn't wait until after a final judgment by the lower district court. (Law.com)
Teacher charged in Minico flag incident Jun 20, 2008
Where there is a federal question involved in a case, then federal law is going to supersede over state law, Guerry said. If there is a conviction I would assume it would be overturned. (Burley South Idaho Press, ID)
Immigration key in commission race Jun 4, 2008
"We think of it primarily as a federal question and expect federal action. But the enforcement activity falls to the state and local level. And the whole thing about enforcement is Georgia is not a state that borders on another country. You have a lot more federal enforcement in border states, which leaves state and local governments to enforce immigration with insufficient federal support.". Vote for this story. (Atlanta Journal-Constitution)
CNN Loses Battle Over Release of Video May 17, 2008
He noted that in a case such as this, which is predicated on a federal question, federal law provides the rule of decision even if the allegedly privileged material bears a on pendent state law claim. Brown added in an e-mail, "The Georgia statute, if applied, would probably offer more protection for CNN because it requires that the information be 'relevant,' and not merely 'likely to be relevant.' During discovery, however, you can never tell for sure if any evidence will turn out to be... (Law.com)
Federal Judge Says It Seems Bogus To Him Feb 21, 2008
Where's the federal question. There isn't one, hence no federal jurisdiction. (TMZ.com)
Supreme Court Refuses to Hear Appeals on Katrina Ruling... Feb 20, 2008
"There's no important federal question, and they don't do state law. They do federal law," Fried said. New Orleans-based plaintiffs' attorney James Garner said the Supreme Court did not consider any substantive coverage issues in declining to hear the appeal. (Fox News)
Supreme Court rejects Katrina victims case Feb 20, 2008
Theres no important federal question, and they dont do state law. They do federal law, Fried said. (The Clarion-Ledger)
Supreme Court won't hear homeowner's insurance suit Feb 20, 2008
"There's no important federal question, and they don't do state law. They do federal law," Fried said. New Orleans-based plaintiffs' attorney James Garner said the Supreme Court didn't consider any substantive coverage issues in declining to hear the appeal. (WWLTV.com, LA)
A Permanent Ban On Internet Taxes? Sep 5, 2007
And regarding the state vs. federal question, Johnson says that for nearly a decade, it has been Congress' policy that the Internet is "not burdened by state and local taxes.". While the debate has focused on Internet access, states are also concerned that they are losing money because e-commerce transactions are typically not subject to sales taxes. (Forbes -- Business)
• Lawsuit Moved Aug 4, 2007
"It's a federal question," Christine Chinni, one of the lawyers who represents Region 10 Superintendent Paula Schwartz and Lewis S. Mills High School Principal Karissa Niehoff, said Friday. The case highlights the tension between a school's need for discipline and the rights of students to free expression. (FOX61, CT)
Indian tribe's claim not a done deal May 12, 2007
Tribal sovereignty is a federal question that is a long way from being decided. The county needs to wait until this matter is resolved. (DeKalb Daily Chronicle, IL)
2nd Circuit Rebuffs Government Agency's Demand That Attorney Return Fees Mar 29, 2007
But the circuit reversed Platt, finding that "Binder may invoke federal question jurisdiction under 28 U.S.C. 1331 because, were such jurisdiction unavailable, it would be unable to obtain any judicial review of its claims under the act.". NO STATUTORY AUTHORITY. (Law.com)
Supreme Court Asked to Explore Contractor Liability for Deaths in Iraq Feb 22, 2007
Blackwater removed the case to federal district court, asserting that the Defense Base Act, which Congress passed in 2000, completely pre-empted the state law claims and presented unique federal interests sufficient to create a federal question. Once in federal court, Blackwater sought dismissal based on the district court's purported lack of subject-matter jurisdiction (the DBA requires claimants to litigate their claims before the Department of Labor, though its decision would be subject to... (Law.com)
