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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 properly pleaded complaint.
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 claimed; 3.a demand for judgment. In Bilal v.
https://dictionary.findlaw.com/definition/well-pleaded-complaint-rule.html
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 defense in the complaint.
https://www.law.com/newyorklawjournal/2018/03/09/the-well-pleaded-complaint-rule-and-pushing-the-bounds-post-mcculloch/
The “well-pleaded complaint rule” “makes the plaintiff the master of the claim” and generally permits the plaintiff to “avoid federal jurisdiction by exclusive reliance on state law ...
https://propertyintangible.com/2015/08/how-to-write-a-well-pleaded-complaint.html
Aug 17, 2015 · The theory is the “well-pleaded complaint,” that is, “removal is not possible unless the plaintiff’s ‘well pleaded complaint’ raises issues of federal law sufficient to support federal question jurisdiction.” It makes the plaintiff “master of the claim; he or she may avoid federal jurisdiction by exclusive reliance on state law.
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://lawshelf.com/shortvideoscontentview/civil-procedure-how-to-draft-a-well-pleaded-complaint
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https://en.wikipedia.org/wiki/Well-Pleaded_Complaint_Rule
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. …
https://abovethelaw.com/2011/12/grammer-pole-of-the-weak-pleaded-v-pled/
Dec 16, 2011 · And while pled may be the preferred usage, Grammarist notes that pleaded is the standard form: Pleaded is the standard past-tense and past-participial form of the verb plea. Pled has always been considered incorrect by usage authorities, but it’s so common that we have to accept it.Author: Staci Zaretsky
http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1098&context=njtip
of the well-pleaded complaint rule that will allow the Federal Circuit to maintain appellate review of patent law counterclaims in some types of cases. To fundamentally
http://www.abajournal.com/news/article/is_it_pleaded_or_pled/
Jan 17, 2013 · ” The shorter form is also favored by readers of Above the Law responding to online polls, he argues, as well as the characters on Law & Order. On the other side is Brian Boone, a senior ...
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://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://www.jonesday.com/en/insights/2010/06/pleading-facts-and-arguing-plausibility-federal-pleading-standards-a-year-after-iiqbali
(The principle that a court may disregard patently implausible factual claims is distinct from the principle that a complaint will be inadequate if, accepting well-pleaded factual allegations as true, it fails to give rise to a plausible inference of liability.)
https://ir.law.fsu.edu/cgi/viewcontent.cgi?article=2070&context=lr
Chuck Talley, A Well-Plead Complaint - The Key to Recovery of Economic Damages for Delay in Admiralty, 9 Fla. St. U. L. Rev. 351 (2017) http://ir.law.fsu.edu/lr/vol9/iss2/4 A WELL-PLEAD …Author: Chuck Talley
https://grammarist.com/usage/pleaded-pled/
And a “well pleaded complaint” refers to the quality of a written legal pleading. It is likewise a different context from either begging for mercy or declaring one’s innocence orally in open court. Why the grammar nazis believe one word *must* cover all of these different contexts is beyond me.
https://scholarlycommons.law.hofstra.edu/cgi/viewcontent.cgi?article=2339&context=hlr
COUNTERCLAIMS, THE WELL-PLEADED COMPLAINT, AND FEDERAL JURISDICTION Christopher A. Cotropia* INTRODUCTION The United States Supreme Court recently decided, in Holmes Group, Inc. v. Vornado Circulation Systems, Inc., that the United States Court of Appeals for the Federal Circuit's exclusive appellateAuthor: Christopher Anthony Cotropia
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