Federal Question Jurisdiction
28 U.S.C. §1331 — Federal question
The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.
The Well Pleaded Complaint Rule: (where to look)
Federal question jurisdiction requires the plaintiff’s initial complaint to show that their right to relief depends on federal law; anticipated defenses or counterclaims based on federal law do not count.
• Louisville & Nashville Railroad Co. v. Mottley, 211 U.S. 149 (1908)
The Grable Exception:
If a federal question is so important to a state law case, then the court may grant an exception to the well-pleaded complaint rule.
• Grable & Sons Metal Products, Inc. v. Darue Engineering & Manufacturing, 545 U.S. 308 (2005)
Justice Holmes’ Creation Test: (what to look for)
A suit arises under the law that creates the cause of action.
Removal
Any civil action brought in state court that district courts also have original jurisdiction over can be removed by the defendant to the district court in the place the action is pending.
If it wouldn’t create federal question jurisdiction under Mottley, it won’t create removal jurisdiction under §1441(a).
• Avitts v. Amoco Production Co., 840 F. Supp. 1116 (S.D. Tex. 1994)
Cases