Federal Question Jurisdiction

  • Statutory Origin

    • Federal courts have jurisdiction under all cases “arising under the Constitution, laws or treaties of the United States.”

      • 28 U.S.C. §1331

  • 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

    • Grable Exception: Sometimes a federal question is so important to a state law case, the well-pleaded complaint rule doesn’t have to apply. 

      • Grable v.

  • ·Justice Holmes’ Creation Test (what to look for)

    • A suit arises under the law that creates the cause of action. 

      • American Well Works v. Layne

  • Removal

    • Any civil action brought in state court that district courts 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

      • 28 U.S.C. 1441(a)