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Civil Procedure Keyed to Friedenthal
Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing
Citation:
545 U.S. 308 (2005)Facts
The IRS seized and sold property owned by Grable to satisfy Grable’s tax delinquency. The property was sold to Darue. Grable received actual notice of the sale by certified mail. Five years later, Grable brought an action in state court to quiet title to the property. Grable asserted that the applicable federal notice statute required personal service, not service by certified mail. Darue removed the case to federal court, asserting the interpretation of the federal notice statute as the basis for jurisdiction. The district court refused remand, concluding that the interpretation of the federal notice statute posed a significant question of federal law, and that Grable’s lack of a federal right of action did not bar federal jurisdiction. On the merits, the district court granted summary judgment in Darue’s favor, holding that substantial compliance with the notice statute via service by certified mail was sufficient. The court of appeals affirmed. The Supreme Court granted certiorari.
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Subject Matter Jurisdiction