Do all steps that are reasonably raised by the facts and law:
Step 1: Article III (federal ingredient in original action)
Step 2: 1331
- WPC Rule (filtering step) [This is a rule.]
- Does WPC contain a FQ? Two alternatives:
- Alt. # 1: Holmes’ “creation test” [This is a rule.]
- Alt. # 2: Grable/Gunn test [This is a standard.] (see below)
Does the “state-law claim necessarily raise a stated federal issue, actually disputed and substantial, which a federal forum may entertain without disturbing any congressionally approved balance of federal and state judicial responsibilities”?
That is, federal jurisdiction over a state law claim will lie if —
A federal issue is:
- Necessarily raised,
- Actually disputed,
- Substantial, and
- Capable of resolution in federal court without disrupting the federal-state balance approved by Congress.
NOTE: “The substantiality inquiry under Grable looks instead to the importance of the issue to the federal system as a whole.”
Presented in review 11/23/15. Posted same day.