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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://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.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.
https://en.wikipedia.org/wiki/Federal-question_jurisdiction
In United States law, federal question jurisdiction is the subject-matter jurisdiction of United States federal courts to hear a civil case because the plaintiff has alleged a violation of the United States Constitution, federal law, or a treaty to which the United States is a party.. Overview. Article III of the United States Constitution permits federal courts to hear such cases, so long as ...
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://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://supreme.justia.com/cases/federal/us/535/826/
And finally, allowing responsive pleadings by the defendant to establish "arising under" jurisdiction would undermine the clarity and ease of administration of the well-pleaded-complaint doctrine, which serves as a "quick rule of thumb" for resolving jurisdictional conflicts.
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/supct/html/02-306.ZO.html
To determine whether the claim arises under federal law, we examine the “well pleaded” allegations of the complaint and ignore potential defenses: “a suit arises under the Constitution and laws of the United States only when the plaintiff’s statement of his own cause of action shows that it is based upon those laws or that Constitution.
http://www.duhaime.org/LegalDictionary/C/CompletePreemption.aspx
On occasion, the Court has concluded that the preemptive force of a statute is so extraordinary that it converts an ordinary state common-law complaint into one stating a federal claim for purposes of the well-pleaded complaint rule. This independent corollary to the well-pleaded complaint rule is known as the complete preemption doctrine.
https://www.lrrc.com/Complete-Versus-Conflict-Preemption-In-ERISA-Cases-01-09-2014
This article provides a reminder and summary of one key consideration—complete versus conflict preemption. Removal And The Well-Pleaded Complaint Rule . Under the removal statute, "any civil action brought in a State court of which the district courts have original jurisdiction may be removed by the defendant" to federal court. 28 U.S.C ...
https://kuscholarworks.ku.edu/handle/1808/11401
Nor does Franchise Tax Board resolve whether preemption removal is ever proper when the preempting federal law does not create a superseding cause of action. This comment seeks to answer these questions by exploring the implications of Franchise Tax Board for …
http://onelbriefs.com/outlines/civpro/federal_question_jurisdiction.htm
Civil Procedure Outline - Federal-Question Jurisdiction **Abridged FQ Jurisdiction** ... Complaint must be "well plead" (what has to be in the complaint, not anticipated defenses) in determining FQJ; ... "Well Pleaded Complaints" From Mottley, the court is required to consider not what the P has pleaded but what P needed to plead to state their ...
https://supreme.justia.com/cases/federal/us/539/1/
The majority held that under our "well-pleaded complaint" rule, removal is generally not permitted unless the complaint expressly alleges a federal claim and that the narrow exception from that rule known as the "complete preemption doctrine" did not apply because it could "find no clear congressional intent to permit removal under §§ 85 and 86."
https://propertyintangible.com/2015/08/how-to-write-a-well-pleaded-complaint.html
Aug 17, 2015 · However, under the “artful pleading doctrine,” even though a plaintiff may have strategically omitted federal law claims, if it is in an area where federal law completely preempts the purported state law claim, the case can be removed. ... One Response to How to Write a …
https://h2o.law.harvard.edu/playlists/8654/export_all
Under the "well-pleaded complaint" rule, the federal question, which invokes federal jurisdiction, must appear from the complaint and not from any federal defense the defendant might raise to defeat the claim. Franchise Tax Board, 463 U.S. at 10, 103 S.Ct. at 2846; Mobil Oil Corp., 772 F.2d at 538-39. 27
https://www.leagle.com/decision/1998121364calapp4th114911149
The argument fails. The well-pleaded complaint doctrine does not apply to a collateral attack upon the complaint. 1. The Molens' thesis is derived from the following passage in 6 Witkin, California Procedure: "A defendant who fails to answer admits only facts that are well pleaded. (See 5 [Witkin] Cal. Proc. (4th), Pleading, § 981.) If the ...
http://blogs2.law.columbia.edu/climate-change-litigation/wp-content/uploads/sites/16/case-documents/2019/20190722_docket-118-cv-00395_opinion-and-order-1.pdf
complaint is not well-pleaded, and that if it were, it wouldin , fact, evince a federal questionon which to hang federal jurisdiction. Here they invokethe artful -pleading doctrine. “[A]n independent corollary of the well-pleaded complaint rule that a plaintiff may not defeat removal by omitting to plead
https://law.justia.com/cases/federal/district-courts/FSupp/885/154/1399723/
This court has found no cases in which federal trademark law has been held to completely preempt state law unfair competition claims. Accordingly, the "complete preemption" doctrine is inapplicable and the "well-pleaded complaint" rule controls. The plaintiff is the master of its complaint.
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