What is the test for applying federal law to a state claim?

California, United States of America


The following excerpt is from County of Los Angeles v. Superior Court, 21 Cal.4th 292, 87 Cal.Rptr.2d 441, 981 P.2d 68 (Cal. 1999):

The high court went on to say: "Just as federal courts are constitutionally obligated to apply state law to state claims, [citation], so too the Supremacy Clause imposes on state courts a constitutional duty 'to proceed in such manner that all the substantial rights of the parties under controlling federal law [are] protected.' " (Felder v. Casey, supra, 487 U.S. 131, 151, 108 S.Ct. 2302; see 1 Nahmod, Civil Rights and Civil Liberties Litigation (4th ed.1997) 1.59, pp. 1-91--1-93.)

Page 446

Other Questions


Does a federal decision construing a state forfeiture statute apply the same weight and authority as it applies to a federal forfeiture statute? (California, United States of America)
In what circumstances will a federal equal protection claim be successful against a state constitutional claim? (California, United States of America)
Can a federal and state prosecutor be found guilty of misconduct in a federal or federal criminal case? (California, United States of America)
Does the pendency of a federal action brought by a state against a federal defendant have any bearing in determining whether the federal action is pending? (California, United States of America)
Is a claim of federal constitutional error sufficient to invalidate a defendant's claim of state law error? (California, United States of America)
Is a new federal constitutional rule for the conduct of criminal prosecutions, like that of the Payne case, to apply retroactively to all cases, state or federal? (California, United States of America)
Is the forfeiture rule applicable to claims of federal and state constitutional error? (California, United States of America)
How has the federal electoral college system been interpreted in federal and state law? (California, United States of America)
Can a claimant bring a claim for damages against a public entity under section 946.6 of the California Claims Act for failing to act on a timely claim? (California, United States of America)
What is the current state or federal or state law on warrantless vehicle searches for identification? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.