When does a state court retain jurisdiction to resolve the preemption question and determine their own subject matter jurisdiction?
California, United States of America
The following excerpt is from Sharp Image Gaming, Inc. v. Shingle Springs Band Indians, 15 Cal.App.5th 391, 223 Cal.Rptr.3d 362 (Cal. App. 2017):
When questions of preemption are raised, "state courts retain jurisdiction" to resolve the preemption question and determine their own subject matter jurisdiction. ( Mack v. Kuckenmeister (9th Cir. 2010) 619 F.3d 1010, 1021 ; see also
[223 Cal.Rptr.3d 392]
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