Lecture Notes

09/07/2016

Federal Question Jurisdiction

1. Always use Well-Pleaded Complaint Rule
a. consider only the complaint;
b. and only the allegations establishing Ps cause of action;
and
c. do not consider any allegation that anticipates a federal
defense
2. Jurisdiction exists if cause of action so alleged is authorized by a
federal statute
3. Jurisdiction generally does not exist if cause of action is
authorized by state law
a. In rare cases, j/d may exist if P alleges that an element of
the state cause of action depends on resolution of a
disputed federal issue (This wasnt the case in Mottley).
b. If such is alleged, P must satisfy all the Gunn requirements:
Is the issue
i. necessarily raised,
ii. actually disputed,
iii. substantial (in that its decision bears directly on
operation of federal government), and
iv. capable of resolution in federal court w/o disrupting
the federal/state balance

Removal of Civil Actions

(a) Generally Except as otherwise expressly provided by Act of
Congress,
a. any civil action brought in a State court
b. of which the district courts of the U.S. have original j/d
May be removed
a. by the D or the Ds
b. to the district court of the U.S. for the district and division
embracing the place where such action is pending
(b) Removal based on diversity of citizenship [may not be
accomplished]
a. if any of the parties in interest properly joined and served
as Ds is a citizen of the State in which such action is
brought; or

b. if suit was filed in state court more than one year before
removal, unless bad faith is proved [See: Section 1446(c)
(1)]
Allows D to bring to federal court what has been filed in state court
Regarding diversity: cannot remove after its been in state court more
than one year as non-diversity
Want to be in state court? Add some non-diverse Ds (for sole purpose
of not allowing D to remove case to a federal court)
Restriction on basis of diversity j/d
Federal Ct.
P

D
Remand

Removal

State Ct.
P

Removal of Federal and State Claims

(c) Joinder of Federal law claims and State law claims
(1)If a civil action includes
(A) a [federal claim] within meaning of Section
1331 of this title, and a
(B) [state] claim not within the original or
supplemental j/d of the district court the
entire action may be removed if the action
would be removable w/o the inclusion of the
[state] claim