Jules v. Andre Balazs Properties · ¶11
The Court held that it does not. The look-through approach, the Court emphasized, is a “highly unusual” “jurisdictional outlier.” Id., at 12, 14. That is because the look- through approach “locates jurisdiction not in the action actually before the court, but in another controversy neither there nor ever meant to be.” Id., at 12; see id., at 9 (similar). Vaden grounded its anomalous approach largely in § 4's “ `save for' ” language, whereas “Sections 9 and 10,” the Court observed, “contain none of the statutory language on which Vaden relied.” 596 U. S., at 10–11. Accordingly, Badgerow held that a court presented with a freestanding § 9 or § 10 motion may not look through that motion to a controversy involving a federal issue that is “not before the court” in order to establish jurisdiction. Id., at 5.Read in context ›
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