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ORTIZ-ESPINOSA v. BBVA SECURITIES OF PUERTO RICO

No. 16-1122.

852 F.3d 36 (2017)

Luis ORTIZ-ESPINOSA; Maritza Soto-Garcia; Conjugal Partnership Ortiz-Soto; Luis Ortiz-Espinosa, as Trustee of Centro Dermatológico San Pablo PSC Retirement Plan, Plaintiffs, Appellants, v. BBVA SECURITIES OF PUERTO RICO, INC.; Rafael Rodríguez-Abella, Defendants, Appellees.

United States Court of Appeals, First Circuit.

January 20, 2017.

Attorney(s) appearing for the Case

Harold D. Vicente Colon , with whom Harold D. Vicente-González , and Vicente & Cuebas, were on brief, for appellants.

Luis A. Oliver , with whom Melissa Hernández-Carrasquillo , and Fiddler González & Rodríguez, PSC, were on brief, for appellees.

Mark C. Fleming , Ari J. Savitzky , Peter J. MacDonald , Ross E. Firsenbaum , Adriel I. Cepeda Derieux , Michael J. Morillo , and Wilmer Cutler Pickering Hale and Dorr LLP, on brief for UBS Financial Services Inc. and UBS Financial Services Incorporated of Puerto Rico, amici curiae.

Before Howard, Chief Judge, Dyk and Thompson, Circuit Judges.

This case requires us to determine the test for district court federal question jurisdiction in the context of motions to vacate or modify an arbitration award. This turns on whether the court may look through the motion to the underlying dispute to determine whether the court would have federal question jurisdiction. Here, the...

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