Board of Commissioners of the Southeast Louisiana Flood Protection Authority – East v. Tennessee Gas Pipeline Company, LLC

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
17-99 5th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the “substantial[ity]” and “federal-state balance” requirements of Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing are satisfied whenever a federal law standard is referenced to inform the standard of care in a state-law cause of action, so long as the parties dispute whether federal law embodies the asserted standard; and (2) whether a federal court applying Grable to a case removed from state court must accept a colorable, purely state-law claim as sufficient to establish that the case does not “necessarily raise” a federal issue, even if the court believes the state court would ultimately reject the purely state-law basis for the claim on its merits.

SCOTUSblog Coverage

DateProceedings and Orders
Jul 11 2017Petition for a writ of certiorari filed. (Response due August 18, 2017)
Jul 28 2017Waiver of right of respondents Hilliard Oil and Gas, Inc. to respond filed.
Aug 10 2017Order extending time to file response to petition to and including September 18, 2017, for all respondents.
Aug 18 2017Motion for leave to file amici brief filed by Law Professors.
Aug 22 2017Brief of respondents Chevron U.S.A., Inc., et al. in opposition filed.
Term Snapshot