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Expert Analysis

Not A Federal Question: ACA Fund Dispute Is For States

Law360, New York (July 29, 2014, 12:15 PM EDT) -- What is or is not a federal question under Grable & Sons Metal Products Inc. v. Darue Engineering & Manufacturing, 545 U.S. 308 (2005), is an issue that continues to perplex lawyers, judges and law students alike. In Hartland Lakeside Joint No. 3 School District v. WEA Insurance Corp., No. 13-3787 (7th Cir. June 27, 2014), the Seventh Circuit, in an opinion written by Judge Frank Easterbrook, remanded to Wisconsin state court a dispute between certain Wisconsin school districts and WEA Insurance, the former administrator of their health care programs, because it failed to present a federal question under Grable....

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