Monday, January 09, 2006

SCOTUS Grants Review in Case to Determine Federal Question Jurisdiction Issue

On Friday the Supreme Court granted review in several cases of importance to federal procedure:

- Empire Healthchoice Assurance Inc. v. McVeigh, No. 05-200, which presented the following question: Does federal question jurisdiction exist over suit by federal government contractor to enforce, on behalf of United States, provision in health benefits plan for federal employees that is part of government contract established pursuant to Federal Employees Health Benefits Act?

- Arlington Central School District v. Murphy, No. 05-18, which presented the following question: Does IDEA's attorneys' fees provision, 20 U.S.C. § 1415(i)(3)(B), authorize court to award "expert" fees to parents of child with disability who is prevailing party under IDEA?

- Kircher v. Putnam Funds Trust, No. 05-409, which presented the following question: Did court of appeals have jurisdiction, contrary to holdings of three other circuits, to review district court order remanding for lack of subject matter jurisdiction suit removed under SLUSA, notwithstanding 28 U.S.C. § 1447(d)'s bar on appellate review of remand orders based on lack of subject matter jurisdiction and district courts' conclusion that petitioners' claims are not preempted by and thus not removable under SLUSA?


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