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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...
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://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 ...
https://supreme.justia.com/cases/federal/us/211/149/
The well-pleaded complaint rule thus limits the jurisdiction of federal courts. Interestingly, the Mottleys prevailed again when they brought a claim in state court, but the U.S. Supreme Court again reversed, this time on the merits.
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://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://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.
http://onelbriefs.com/outlines/civpro/federal_question_jurisdiction.htm
The Mottley rule says that courts assess the federal court's subject matter jurisdiction based solely on the P's complaint. (not possible defenses, not counterclaims, etc) However, FQJ might not exist, despite a federally created cause of action, when resolution of the underlying claim depends largely if not wholly on questions of nonfederal law.
https://h2o.law.harvard.edu/text_blocks/954
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.
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://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/
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...
http://lawschool.mikeshecket.com/civpro/10-13-03.htm
The Well-Pleaded Complaint Rule . This is all you need to know to understand why Mottley comes out the way it does. We look for a federal question on the face of the complaint. If the federal complaint, as filed by the plaintiff, does not state the federal question, then there is no federal question.
https://quizlet.com/134787957/civil-procedure-flash-cards/
Start studying Civil Procedure. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Search. Create. ... Louisville & Nashville R.R. Co. v. Mottley ... Well-Pleaded Complaint Rule: a case only arises under federal law if a federal issue appears on the face of the complaint. ...
https://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1049&context=lawfaculty
that is, in the plaintiff's well-pleaded complaint. The Court asserts that the limitations it has placed on statutory fed- eral question jurisdiction, including the Mottley rule, have been produced by "the demands of reason and coherence, and the dictates of sound judi- cial policy."11 This Article suggests that the Mottley test, for . all ...Cited by: 1
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.
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
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