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

Petition for certiorari denied on October 30, 2017

Docket No. Argument Opinion Vote Author Term
17-99 N/A N/A N/A N/A OT 2017

Issue: (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 (key to color coding)
07/11/2017Petition for a writ of certiorari filed. (Response due August 18, 2017)
07/28/2017Waiver of right of respondents Hilliard Oil and Gas, Inc. to respond filed.
08/10/2017Order extending time to file response to petition to and including September 18, 2017, for all respondents.
08/18/2017Motion for leave to file amici brief filed by Law Professors.
08/22/2017Brief of respondents Chevron U.S.A., Inc., et al. in opposition filed.
09/29/2017Reply of petitioners Board of Commissioners of the Southeast Louisiana Flood Protection Authority-East, et al. filed.
10/04/2017DISTRIBUTED for Conference of 10/27/2017.
10/30/2017Motion for leave to file amici brief filed by Law Professors GRANTED. Justice Alito took no part in the consideration or decision of this motion.
10/30/2017Petition DENIED. Justice Alito took no part in the consideration or decision of this motion and this petition.