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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://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
https://en.wikipedia.org/wiki/Federal-question_jurisdiction
This "well-pleaded complaint" rule has been criticized by legal scholars, but Congress has so far chosen not to change the law, although the Supreme Court has made clear it is free to do so. See also. Diversity jurisdiction; Supplemental jurisdiction
https://itlaw.wikia.org/wiki/Motion_to_dismiss
A motion to dismiss under Federal Rules of Civil Procedure, Rule 12(b)(6) tests the legal sufficiency of the claims asserted in the complaint. A defendant may move to dismiss a cause of action if the plaintiff fails to state a claim upon which relief can be granted.
https://itlaw.wikia.org/wiki/Federal_Circuit
The Court applied the "well-pleaded-complaint rule" as governing "arising under" jurisdiction for purposes of §1338. The Court held that, where a well-pleaded complaint does not assert any claim arising under federal patent law, the Federal Circuit cannot assert jurisdiction based solely upon a patent counterclaim.
https://supreme.justia.com/cases/federal/us/556/662/
Iqbal Brief 32 (citing Fed. Rule Civ. Proc. 9). It follows, respondent says, that his complaint is sufficiently well pleaded because it claims that petitioners discriminated against him “on account of [his] religion, race, and/or national origin and for no legitimate penological interest.” Complaint ¶96, App. to Pet. for Cert. 172a–173a.
https://en.wikisource.org/wiki/Louisville_%26_Nashville_Railroad_Company_v._Mottley
Jun 19, 2011 · Instead, such jurisdiction can only arise from a complaint by the plaintiff that the defendant has directly violated some provision of the Constitution, laws, or treaties of the United States. This reading of the federal question jurisdiction statute is now known as the well-pleaded complaint rule.
https://www.njlawconnect.com/motion-to-dismiss-complaint-rule-12b6-new-jersey-federal-court/
Motion to dismiss complaint Rule 12(b)(6) United States District Court New Jersey - Newark, Camden, Trenton. ... In short, when the well pleaded complaint does not permit the court “to infer more than the mere possibility of misconduct,” the pleader is not entitled to relief. Fowler v. UPMC Shadyside, ...
https://www.law.cornell.edu/rules/frcp/rule_8
The language of Rule 8 has been amended as part of the general restyling of the Civil Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. The former Rule 8(b) and 8(e) cross-references to Rule 11 are deleted as redundant.
https://www.jonesday.com/en/insights/2010/06/pleading-facts-and-arguing-plausibility-federal-pleading-standards-a-year-after-iiqbali
Pleading Facts and Arguing Plausibility: Federal Pleading Standards a Year After Iqbal June 2010 Commentaries Few issues are more important in federal litigation than determining whether a case will be dismissed for failure to state a claim or instead slog on into discovery, potential fights over class certification, and beyond.
https://thekuhnlawfirm.com/fraud-pleaded-specificity/
Jun 11, 2014 · Twombly, 550 U.S. at 554-56. A complaint should not be dismissed simply because the Court is doubtful that the plaintiff will be able to prove all of the necessary factual allegations. Id. at 556. Accordingly, a well-pleaded complaint will survive a motion to …
https://www.reddit.com/user/Dellem
The well-pleaded complaint rule comes into play because a plaintiff cannot word their complaint in a way that would force a federal question appear, so the court makes its determination based off of what a well-pleaded complaint would say.
https://wiki.duke.edu/download/attachments/75960737/5B%20WRIGHT,%20%C3%82%C2%A7%201357,%2011.11.14.pdf?api=v2
Rule 12(b)(6) motion to dismiss and what is not considered admitted. For example, federal courts have said that they accept the truth of a pleading's “facts,” 15 “factual allegations,” 16 “material facts,” 17 “material allegations,” 18 “well-pleaded
https://quizlet.com/226327522/civ-pro-flash-cards/
If subject matter is based on federal question, the cause of action must arise out of the laws, treaties, statutes, and Constitution of the United States, and under the well-pleaded complaint rule, the federal question must appear in the body of the complaint. Anticipation of a federal defense is insufficient to raise an issue of federal question.
https://openjurist.org/977/f2d/1081/banks-v-national-collegiate-athletic-association
1. Braxston Lee Banks appeals the district court's dismissal of his claim that the National Collegiate Athletic Association ("NCAA") rules withdrawing athletes' eligibility to participate in collegiate sports in the event the athlete chooses to enter a professional draft or engages an agent to help him secure a position with a professional team are an illegal restraint on trade or commerce in ...
https://caselaw.findlaw.com/us-1st-circuit/1705456.html
Jun 24, 2015 · This court reviews a district court's grant of a motion to dismiss de novo. Cook v. Gates, 528 F.3d 42, 48 (1st Cir.2008). We “assume the truth of all well-pleaded facts in the complaint and indulge all reasonable inferences that fit the plaintiff's stated theory of liability.” Rivera v.
https://www.duetsblog.com/2014/05/articles/trademarks/mining-tumblr-to-meet-twombly-under-armours-well-pleaded-complaint/
May 09, 2014 · –Ben Kwan, Attorney. This week, Under Armour, the Baltimore-based athletic apparel behemoth gave us a new take on the well-pleaded complaint. Under Armour sued Florida-based I A Nutrition, Inc., for trademark infringement in the U.S. District Court for the District of Maryland.
https://www.courts.phila.gov/pdf/cpcvcomprg/jkroller303.pdf
(1985). Thus, the inquiry at bar is whether Plaintiff has set out material, relevant, well-pleaded facts which, if true, state a claim against Blatstein individually upon which relief may be granted. This court finds that Plaintiff has failed to satisfy its burden. In the Complaint, Blatstein is defined as “an adult individual.” Compl. ¶ 6 ...
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