4. Commentators anticipated that Grable’s multifactor test would be more permissive than Merrell Dow or American Well Works in extending a federal forum to state law hybrid claims. However, a study reports that in the three-year period following the decision, “district courts have denied jurisdiction in the overwhelming majority of cases applying the Grabletest,” often on a finding that the federal issue was too insubstantial. Many of these suits involve actions that defendant sought to remove from state to federal court. See Bradt, Grable on the Ground: Mitigating Unchecked Jurisdictional Discretion, 44 U.C. Davis L. Rev.

1153, 1158 (2011).