Read UNITED STEELWORKERS OF AM. v. COMMONWEALTH OF MASSACHUSETTS, 03-2352, 03-2551

Plaintiff's suit to prevent defendants from adjudicating a charge of discrimination against it, based on federal preemption principles, arises under federal law for purposes of 28 U.S.C. section 1331 and therefore the district court's dismissal of plaintiff's complaint for lack of subject matter jurisdiction is reversed.

Appellate Information

• Decided 07/30/2004
• Published 07/30/2004

Judges

• LYNCH, Circuit Judge., Before: SELYA, Circuit Judge, PORFILIO, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Michele Granda, Charles P. Wagner, and Charles P. Wagner & Assocs. were on brief for amici curiae Gay & Lesbian Advocates & Defenders (GLAD) and the Massachusetts Lesbian & Gay Bar Association.


• For Appellees:
  
• Rudolph Milasich, with whom Harold L. Lichten, Terence E. Coles, and Pyle, Rome, Lichten & Ehrenberg, P.C. were on brief, for appellants/cross-appellees., Robert L. Quinan, Jr., Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief, for the Massachusetts appellees., Donald C. Keavany, Jr., with whom Christopher, Hays, Wojcik & Mavricos was on brief, for appellee/cross-appellant McGrath.