Hurn v. Oursler

Hurn v. Oursler, 289 U.S. 238 (1933), was a United States Supreme Court case in which the Court held A significant federal question raised by a suit can give jurisdiction to federal courts. If the federal question is rejected on the merits, the federal court still has jurisdiction to decide the local question on the merits.[1]

Hurn v. Oursler
Argued February 17, 1933
Decided April 17, 1933
Full case nameHurn v. Oursler
Citations289 U.S. 238 (more)
53 S. Ct. 586; 77 L. Ed. 1148
Holding
A significant federal question raised by a suit can give jurisdiction to federal courts. If the federal question is rejected on the merits, the federal court still has jurisdiction to decide the local question on the merits.
Court membership
Chief Justice
Charles E. Hughes
Associate Justices
Willis Van Devanter · James C. McReynolds
Louis Brandeis · George Sutherland
Pierce Butler · Harlan F. Stone
Owen Roberts · Benjamin N. Cardozo
Case opinions
MajoritySutherland, joined by Hughes, Van Devanter, McReynolds, Butler, Roberts, Cardozo
ConcurrenceBrandeis, joined by Stone

The case being discussed was a copyright infringement suit.[1]

In United States v. United States Gypsum Co., the Court's majority opinion referred to Hurn v. Oursler in passing. Justice Felix Frankfurter expanded this and recounted the case's background in his concurrence as a key point in his argument.[2]

References

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