Legal Opinion

Ortiz-Espinosa v. BBVA Securities of Puerto Rico, Inc.

Court of Appeals for the First Circuit

Decided January 20, 2017No. 16-1122PublishedCited by 46 opinions

1Opinion of the Court

DYK, Circuit Judge.

This case requires us to determine the test for district court federal question jurisdiction in the context of motions to vacate or modify an arbitration award. This turns on whether the court may look through the motion to the underlying dispute to determine whether the court would have federal question jurisdiction. Here, the district court applied the look-through test, finding that jurisdiction existed and that there was no basis for setting aside the award. We affirm, holding that the look-through approach is the correct test, that federal jurisdiction existed, and…

2Cases cited41 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. United Paperworkers International Union v. Misco, Inc.Supreme Court of the United States · 1987
  3. Grable & Sons Metal Products, Inc. v. Darue Engineering & ManufacturingSupreme Court of the United States · 2005
  4. Hall Street Associates, L. L. C. v. Mattel, Inc.Supreme Court of the United States · 2008
  5. Stolt-Nielsen S. A. v. AnimalFeeds International Corp.Supreme Court of the United States · 2010

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3Cited by46 opinions

  1. Badgerow v. WaltersSupreme Court of the United States · 2022
  2. Landau v. EisenbergCourt of Appeals for the Second Circuit · 2019
  3. Dialysis Access Center, LLC v. RMS Lifeline, Inc.Court of Appeals for the First Circuit · 2019
  4. Mountain Valley Property, Inc. v. Applied Risk Services, Inc.Court of Appeals for the First Circuit · 2017
  5. Alethia McCormick v. America Online, Inc.Court of Appeals for the Fourth Circuit · 2018

41 more not listed; retrieve them via the Exa API.

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