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https://www.law.com/newyorklawjournal/2018/03/09/the-well-pleaded-complaint-rule-and-pushing-the-bounds-post-mcculloch/
The ‘Well-Pleaded Complaint Rule’ and Pushing the Bounds Post-‘McCulloch’ 'McCulloch' is emblematic of the growing difficulties defendants face in attempting to remove cases to federal court.
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 …
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 ...
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.
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
https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=4380&context=uclrev
the well-pleaded complaint rule. Part I considers the well-pleaded complaint rule's history and purposes, and reveals a recurrent am-biguity in the Court's pronouncements as to whether the rule re-quires that a federal question be presented by the language of the complaint or whether a …Author: Richard E. Levy
https://www.law.cornell.edu/supct/html/07-773.ZS.html
Under the well-pleaded complaint rule, a completely preempted counterclaim remains a counterclaim, and thus does not provide a key capable of opening a federal court’s door. Vaden’s responsive counterclaims challenging the legality of Discover’s charges are merely an aspect of the whole controversy Discover and Vaden brought to state court.
https://quizlet.com/53229413/subject-matter-jurisdiction-federal-question-jurisdiction-flash-cards/
WELL-PLEADED COMPLAINT RULE-establishes when a case "arises under" federal law: analysis focused on the allegations in P's complaint if it had federal ingredient, not potential defenses the D might assert (can't base Fed Q J on anticipated defenses)
https://en.wikipedia.org/wiki/Ashcroft_v._Iqbal
Ashcroft v. Iqbal, 556 U.S. 662 (2009), was a United States Supreme Court case in which the Court held that top government officials were not liable for the actions of their subordinates without evidence that they ordered the allegedly discriminatory activity. At issue was whether current and former federal officials, including FBI Director Robert Mueller and former United States Attorney ...Citations: 556 U.S. 662 (more)129 S. Ct. 1937; 173 L. …
https://scholarlycommons.law.hofstra.edu/cgi/viewcontent.cgi?article=2339&context=hlr
Part III of the Article discusses the implication of the well-pleaded complaint rule on a federal court's original jurisdiction, removal jurisdiction, and exclusive federal jurisdiction over a federal law counterclaim. Part IV evaluates the policy implications of the well-pleaded complaint rule as applied to counterclaims.Author: Christopher Anthony Cotropia
https://lawshelf.com/shortvideoscontentview/civil-procedure-how-to-draft-a-well-pleaded-complaint
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http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1098&context=njtip
The Well-Pleaded Complaint Rule and Jurisdiction over Patent Law Counterclaims: An Empirical Assessment of Holmes Group and Proposals for Improvement Jiwen Chen This Note is brought to you for free and open access by Northwestern Pritzker School of Law Scholarly Commons. It …
http://www.jha.com/us/blog/?blogID=1387
Well-Pleaded Complaint Rule vs. Artful Pleading Doctrine: Is the Plaintiff Really the Master of Its Complaint? From Romano v.Kazacos, 2010 U.S. App. LEXIS 13220 (2d Cir. June 29, 2010), in which the issue was whether the complaint was subject to the Securities Litigation Uniform Standards Act: A. Master of the Complaint
https://h2o.law.harvard.edu/text_blocks/954
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://kuscholarworks.ku.edu/handle/1808/11401
Under the well-pleaded complaint rule, neither a federal defense (nor the plaintiff’s anticipation of a federal defense in his complaint) suffices to vest original jurisdiction in a federal court. Courts have long struggled, however, over whether, and under what circumstances, removal could be based on a defendant's allegations of federal ...
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