Grable & Sons Metal Products v. Darue Engineer

Grable & Sons Metal Products v. Darue Engineer -...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
545 U.S. 308 (2005) Fact: Operative Facts: Grable owed money to the IRS, and didn’t pay it. The IRS seized the property. They sent a certified letter, which was received by Grable, but by federal statute, there must have been personal service. Grable, 5 years later, is suing because he did not get proper “notice” under federal law. He is requesting it be brought to federal court, because it involves a federal question of its statute. Issue: Whether there was proper federal subject matter jurisdiction. Rule: For Subject matter jurisdiction, there must be a actual controversy, in a federal question, which is the main focus of the lawsuit. Rational:
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: The justices used this case to clear up the subject matter jurisdiction for federal courts. Because this claim consist of analyzing whether or not the statute can be subsitutted or there was substantial compliance with a federal statute, and that is of the main issue, raising a federal question, then there is sufficient subject matter jurisdiction for the federal courts. Holding: there was substantial controversy, and focus on the federal law, for the case to be resolved, for it to be considered to have federal subject matter jurisdiction, through federal question. Synthesis: Dissent/Concurrences: Thomas concurring Questions why they didn’t overrule the precedents adopted in American Well Works Co....
View Full Document

{[ snackBarMessage ]}

Ask a homework question - tutors are online