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https://quizlet.com/88238900/removal-of-cases-from-state-to-federal-court-flash-cards/
Exceptions to well-pleaded complaint rule. ... General time rule doesn't apply to post-filing acts by a plaintiff that create diversity. Ex. If P voluntarily dismisses his claims against all non diverse defendants in the state court action, the case can be removed if it meets the other requirements for removal.
http://nofba.org/wp-content/uploads/FBA.Federal-Practice-Series.Remand-and-Removal-Paper.pdf
• Well-pleaded complaint rule : o A case “arises under” federal law when a substantial, disputed issue of federal law (e.g., the Constitution, federal statutes, treaties) appears from the face of the well-pleaded complaint. State court quiet title action “arises under” federal law when claim implicates
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1955576
It begins with a consideration of the well-pleaded complaint rule’s history and purposes, which reveals a recurrent ambiguity in the Court’s pronouncements as to whether the rule requires that a federal question be presented by the language of the complaint or whether a court can look beyond the face of the complaint to ascertain the ...Author: Richard E. Levy
https://content.next.westlaw.com/Document/I0fa00eb8ef0811e28578f7ccc38dcbee/View/FullText.html?contextData=(sc.Default)
Complete preemption is an exception to the well-pleaded complaint rule. Under the well-pleaded complaint rule, a defendant may not remove a state-law action to federal court on the basis of federal question jurisdiction unless the complaint establishes that the causes of action arise under federal law.
https://www.law.cornell.edu/rules/frcp/rule_8
The language of Rule 8 has been amended as part of the general restyling of the Civil Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. The former Rule 8(b) and 8(e) cross-references to Rule 11 are deleted as redundant.
https://quizlet.com/19140539/civil-procedure-flash-cards/
Plaintiff's claim is based on federal law. The complaint must involve a substantial issue of federal law and its determination must necessarily depend on a resolution of federal law. Well-pleaded complaint rule: Federal question jurisdiction only exists if the federal law is present in P's complaint
https://www.courthousenews.com/wp-content/uploads/2019/09/MahoneyCentura-RemandReq.pdf
Accordingly, under the well-pleaded complaint rule, they do not convey subject-matter jurisdiction to a federal court. B. Centura Cannot Establish Either of the Two Narrow Exceptions to the Well-Pleaded Complaint Rule Centura bears the burden of showing that “one of two recognized exceptions to the well-pleaded complaint rule is applicable.”
https://h2o.law.harvard.edu/text_blocks/1808/export
The Ninth Circuit allowed the claim to go forward in federal court, noting an exception to the well-pleaded complaint rule: “[a] plaintiff will not be allowed to conceal the true nature of a complaint through ‘artful pleading.’” Id. at 769.
https://h2o.law.harvard.edu/playlists/4879/export_all
The well-pleaded-complaint rule has long governed whether a case "arises under" federal law for purposes of § 1331. See, e. g., ... With exceptions not now relevant Congress has narrowed the opportunities for entrance into the federal courts, and this Court has been more careful than in earlier days in enforcing these jurisdictional ...
https://jenner.com/system/assets/assets/5507/original/Federal_20Subject_20Matter_20Jurisdiction_20Outline_Jenner_20_26_20Block_0611.pdf?1323113751
A federal court is presumed to lack subject matter jurisdiction and the party ... A declaratory judgment action satisfies the well-pleaded complaint rule only if a well-pleaded coercive action would raise ... There are three statutory exceptions to complete diversity rule: the Interpleader Act; the Multiparty, Multiforum Jurisdiction Act; and ...
https://www.casemine.com/judgement/us/59147d4fadd7b0493443d618
Jan 25, 2001 · SIDNEY FITZWATER, District Judge . Plaintiffs' and intervenors' motions to remand this removed case present the question whether state product liability claims arising from the fatal crash of a helicopter are preempted by the complete preemption or substantial federal question exceptions to the well-pleaded complaint rule, under federal aviation law, the federal common law of foreign relations ...
https://caselaw.findlaw.com/us-supreme-court/539/1.html
This Court has twice recognized exceptions to the well-pleaded-complaint rule, upholding removal jurisdiction notwithstanding the absence of a federal question on the face of the plaintiff's complaint. First, in Avco Corp. v. Machinists, 390 U. S. 557 (1968), we allowed removal of a state-court action to enforce a no-strike clause in a
https://www.tnwd.uscourts.gov/JudgePham/opinions/945.pdf
courts are guided by the well-pleaded complaint rule, which states that “federal jurisdiction exists only when a federal question is presented on the plaintiff’s properly pleaded complaint.” Caterpillar Inc. v. Williams, 482 U.S. 386, 392 (1987). If the federal question …
https://www.nyulawreview.org/wp-content/uploads/2018/08/NYULawReview-72-3-Cohen.pdf
The well-pleaded complaint rule generally prevents a defendant in state court from removing a case to federal court unless a substan-tial federal issue arising under federal law appears on the face of the plaintiff's complaint. Even if the defendant asserts a federal defense that both parties agree will be the central issue of the action, removal
https://supreme.justia.com/cases/federal/us/539/1/
In reversing, the latter court held that under the ''well-pleaded complaint" rule, removal is not permitted unless the complaint expressly alleges a federal claim, and that the narrow exception known as the complete pre-emption doctrine did not apply because there was no evidence of clear congressional intent to permit removal under §§85 and 86.
https://www.law.ua.edu/pubs/lrarticles/Volume%2060/Issue%204/hessick.pdf
from creating exceptions to the well-pleaded complaint rule to proclaiming that federal jurisdiction depends on whether a federal court thinks the fed-eral issue is sufficiently important to warrant a federal forum. In reaching those decisions, the Court has reconfirmed its conception
https://www.mass.gov/rules-of-civil-procedure/civil-procedure-rule-8-general-rules-of-pleading
Rule 8(e)(1) merely emphasizes the fact that under Rule 8 no technical forms of pleading are required. Rule 8(e)(2) permits a party to state as many separate claims or defenses as he has, regardless of consistency and whether based on legal or equitable grounds. This …
https://www.justice.gov/osg/brief/grable-and-sons-v-darue-engg-amicus-merits
Franchise Tax Bd., 463 U.S. at 12. But there is a value in clarity and ease of administration in applying jurisdictional rules, and efforts to create exceptions to the well-pleaded complaint rule would threaten to undermine that interest. Holmes Group, 535 U.S. at 832.
http://zalma.com/blog/four-corners-rule-effectively-destroys-exclusion-again/
Dec 07, 2017 · Four Corners Rule Effectively Destroys Exclusion Again. ... 2017 PA Super 372 (November 22, 2017) a carefully pleaded complaint attempted to allow coverage for the defendant even after he shot the ... This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a ...
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