Mottley Well Pleaded Complaint

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Louisville & Nashville Railroad Co. v. Mottley - Wikipedia

    https://en.wikipedia.org/wiki/Louisville_%26_Nashville_Railroad_Co._v._Mottley
    Louisville & Nashville Railroad Company v. Mottley, 211 U.S. 149 (1908), was a United States Supreme Court decision that held that under the existing statutory scheme, federal question jurisdiction could not be predicated on a plaintiff's anticipation that the defendant would raise a federal statute as a defense. Instead, such jurisdiction can only arise from a complaint by the plaintiff that ...Citations: 211 U.S. 149 (more)29 S. Ct. 42; 53 L. Ed. …

Well-Pleaded Complaint Rule - FindLaw

    https://dictionary.findlaw.com/definition/well-pleaded-complaint-rule.html
    Well-Pleaded Complaint Rule well-pleaded complaint rule n : a rule of procedure that federal question jurisdiction cannot be acquired over a case unless an issue of federal law appears on the face of a properly pleaded complaint NOTE: The well-pleaded complaint rule is not satisfied by a defense based on federal law, including a defense of federal preemption, or by anticipation of such a ...

Well-Pleaded Complaint Law and Legal Definition USLegal ...

    https://definitions.uslegal.com/w/well-pleaded-complaint/
    Well-pleaded complaint refers to an original pleading that sets forth a claim of relief. The following are the grounds set forth in the claim: 1.Court’s jurisdiction; 2.the basis for the relief c

Louisville & Nashville R. Co. v. Mottley - Case Brief for ...

    https://www.casebriefs.com/blog/law/civil-procedure/civil-procedure-keyed-to-cound/jurisdiction-over-the-subject-matter-of-the-action-the-courts-competency/louisville-nashville-r-co-v-mottley/
    Louisville & Nashville R. Co. v. Mottley Case Brief - Rule of Law: Under the well-pleaded complaint rule, if the facts alleged in a complaint do not demonstrate an issue involving federal law pertaining to the plaintiff's right to a cause of action, there is no question of federal law and the federal courts do not have federal question...

Louisville & Nashville R. Co. v. Mottley :: 211 U.S. 149 ...

    https://supreme.justia.com/cases/federal/us/211/149/
    The Louisville & Nashville Railroad Company gave the Mottleys lifetime passes in exchange for waiving their damages claims that arose from an accident when they were traveling on the railroad. ... The well-pleaded complaint rule thus limits the jurisdiction of federal courts. ... Louisville & Nashville R. Co. v. Mottley, 211 U.S. 149 (1908 ...

Well-pleaded Complaint Rule Legal Definition Merriam ...

    https://www.merriam-webster.com/legal/well-pleaded%20complaint%20rule
    Legal definition of well-pleaded complaint rule: a rule of procedure that federal question jurisdiction cannot be acquired over a case unless an issue of federal law appears on the face of a …

Civil Procedure Federal-Question Jurisdiction Outline

    http://onelbriefs.com/outlines/civpro/federal_question_jurisdiction.htm
    Mottley test: FQJ only if P relies on federal law as the source of their right to relief. ("creation test" from American Well Works, must be substantial) Complaint must be "well plead" (what has to be in the complaint, not anticipated defenses) in determining FQJ

Well-Pleaded Complaint Rule legal definition - Quimbee

    https://www.quimbee.com/keyterms/well-pleaded-complaint-rule
    Well-Pleaded Complaint Rule Definition. A rule in civil procedure stating that, in order for federal question jurisdiction to be granted, a plaintiff's "well-pleaded complaint" must state that the defendant directly violated some provision of the Constitution or federal law.

After Mottley: The Well-Pleaded Complaint Rule and Artful ...

    https://h2o.law.harvard.edu/text_blocks/1808/export
    After Mottley: The Well-Pleaded Complaint Rule and Artful Pleading. These notes summarize three points to discuss following Mottley. The cases mentioned are also provided on the playlist but can be skimmed quite quickly, as this not summarizes them.

Subject Matter Jurisdiction: Federal Question Jurisdiction ...

    https://quizlet.com/53229413/subject-matter-jurisdiction-federal-question-jurisdiction-flash-cards/
    -consistent with Mottley's well-pleaded complaint rule (focus on what P must establish to prove her claim) -can assess jurisdiction without referencing possible defenses F: Fed govt tool Grable's property for non-payment of taxes, conveyed it to D.Grable claimed the conveyance was not valid, and the issue arose under federal law since federal ...

After Mottley: The Well-Pleaded Complaint Rule and Artful ...

    https://h2o.law.harvard.edu/text_blocks/1438
    After Mottley: The Well-Pleaded Complaint Rule and Artful Pleading. These notes summarize three points to discuss following Mottley. The cases mentioned are also provided on the playlist but can be skimmed quite quickly, as this not summarizes them.

Louisville & Nashville R. Co. v. Mottley - Case Brief for ...

    https://www.casebriefs.com/blog/law/civil-procedure/civil-procedure-keyed-to-friedenthal/jurisdiction-over-the-subject-matter-of-the-action-the-courts-competency-civil-procedure-keyed-to-friedenthal-civil-procedure-law/louisville-nashville-r-co-v-mottley-2/2/
    Louisville & Nashville R. Co. v. Mottley Case Brief - Rule of Law: Under the well-pleaded complaint rule, if the facts alleged in a complaint do not demonstrate an issue involving federal law pertaining to the plaintiff's right to a cause of action, there is no question of federal law and the federal courts do not have federal questio...

Federal Preemption, Removal Jurisdiction, and the Well ...

    http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=4380&context=uclrev
    Federal Preemption, Removal Jurisdiction, and the Well-Pleaded Complaint Rule Plaintiff sues defendant in state court, relying solely on state law. Defendant removes the action to federal district court pursu-ant to 28 U.S.C. § 1441.1 As grounds for removal, defendant allegesAuthor: Richard E. Levy

Mottley - Wikipedia

    https://en.wikipedia.org/wiki/Mottley
    Wendell Mottley (1941–), Trinidad & Tobago economist, politician, government official, athlete and Credit Suisse investment banker. Yale and Cambridge graduate. Represented Trinidad and Tobago at the 1964 Tokyo Olympics. Louisville & Nashville Railroad Co. v. Mottley. 1908 US Supreme Court case and source of the well pleaded complaint rule.

Civil Procedure Flashcards Quizlet

    https://quizlet.com/134787957/civil-procedure-flash-cards/
    Louisville & Nashville R.R. Co. v. Mottley [Foregoing lawsuit for free passes]. Well-Pleaded Complaint Rule: a case only arises under federal law if a federal issue appears on the face of the complaint.

Louisville & Nashville R.R. v. Mottley (1908) (well ...

    https://casebriefnation.blogspot.com/2012/10/louisville-nashville-rr-v-mottley-1908.html
    Oct 14, 2012 · Louisville & Nashville R.R. v. Mottley (1908) (well pleaded complaint rule) a. Facts- Δ is a railroad company that hurt Π. Because of this hurt, Δ agreed to give free rail passes to Π for life, so long as a suit is not brought against Δ. Π agreed. Some years later, Δ stopped giving the passes.

VADEN v. DISCOVER BANK - Legal Information Institute

    https://www.law.cornell.edu/supct/html/07-773.ZS.html
    Under the well-pleaded complaint rule, a suit “arises under” federal law for 28 U. S. C. §1331 purposes “only when the plaintiff’s statement of his own cause of action shows that it is based upon [federal law].” Louisville & Nashville R. Co. v. Mottley, 211 U. S. 149.

Louisville & Nashville Railroad v. Mottley

    http://lawschool.mikeshecket.com/civpro/louisvillenashvillerailroadvmottley.htm
    Louisville & Nashville Railroad v. Mottley. 211 U.S. 149 (1908) Yeazell, pp. 217-219 . Facts: The facts are actually irrelevant, but the Mottleys got a lifetime free rail pass to settle a claim against the railroad. Later, Congress outlawed all lifetime rail passes and the railroad refused to honors the Mottleys ’ pass anymore.



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