Legal Opinion
Rhode Island Fishermen's Alliance, Inc. v. Rhode Island Department of Environmental Management
Court of Appeals for the First Circuit
Decided October 23, 2009No. 08-2390PublishedCited by 51 opinions
1Opinion of the Court
SELYA, Circuit Judge.
This appeal brings us face to face with two exotic creatures: the American lobster and a state-law claim that may or may not contain an embedded federal question sufficient to ground a claim of original jurisdiction under 28 U.S.C. § 1331 (commonly known as “federal question” jurisdiction). Cases of this sort require courts to venture into a murky jurisprudence. The answers are rarely black or white but, rather, more often doused in varying shades of gray. The difficult jurisdictional question presented here is no exception.
The underlying case began as a state-court…
2Cases cited19 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986
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3Cited by51 opinions
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- López-Muñoz v. Triple-S Salud, Inc.Court of Appeals for the First Circuit · 2014
- Ortiz-Bonilla v. Federación De Ajedrez De Puerto Rico, Inc.Court of Appeals for the First Circuit · 2013
- One & Ken Valley Housing Group v. Maine State Housing AuthorityCourt of Appeals for the First Circuit · 2013
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