But the Democrats could include any federal constitutional claims in state suits.
Specifically, he questioned whether the federal claims were indeed not arbitrable.
But with most Western states searching to stake out new supplies, experts said, any loosening of federal claims could carry great significance.
"It is reasonable to assume that most lawyers and executives would not expect the language in the standard arbitration clause to cover federal statutory claims."
The second case held that the parties could nonetheless reserve the right to have the federal constitutional claim adjudicated in the federal court.
In response, Empire State Development dismissed the federal claim as preposterous.
Bryan's $1,028 federal claim for property damage resulted in $15 paid for damage by Union troops.
He aggressively pursued the federal claim until late 1996, court papers and interviews indicate.
However, because litigants can (and often do) raise federal claims in state courts, many cases are not so simple, and this general rule breaks down.
The judge had rebuffed an earlier attempt to transfer the case without federal claims.