Sixth Circuit Orders En Banc Rehearing to Decide Whether Federal Issue Embedded in State Law Claim for Relief Supports Removal Jurisdiction

Welcome to the Sixth Circuit Blog, a new web log devoted to appellate practice within the Sixth Circuit and in the highest courts of the four states it comprises.  We intend to provide information, news and commentary regarding the cases on the Court's docket as well as monitoring key decisions and orders issued by and arguments presented to each court.  We appreciate your interest in these matters and welcome your reactions, comments and contributions to what we hope will be the start of many lively discussions.

Our inaugural discussion concerns the cases in which the Sixth Circuit has recently ordered rehearings en banc.  The first such case in which the Sixth Circuit has granted en banc rehearing examines the contours of federal question jurisdiction.  In Mikulski v. Centerior Energy Corp., Case No. 03-4486, the issue is whether a single federal issue embedded in a claim for relief arising solely under state law is sufficient to invoke the section 1331 "arising under" jurisdiction of the federal courts.

The original panel majority held in January 2006 that no federal question jurisdiction existed in such circumstances, reversing the ruling of the Northern District of Ohio.

The Supplemental Brief filed by Appellants on the jurisdictional issue can be found here.

The Supreme Court's recent decision in Empire HealthChoice vs. McVeigh can be found here.

A commentary on McVeigh appeared in Scotusblog  last month.

Oral argument is scheduled for September 13, 2006.

Disclaimer:  The author of this post is counsel for the Apellants in Mikulski v. Centerior.