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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 …
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://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 Law and Legal Definition. 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. Burns Sec.
https://lawshelf.com/shortvideoscontentview/civil-procedure-how-to-draft-a-well-pleaded-complaint
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https://www.floridacivpro.com/rules-1-010-to-1-250/1-110-general-rules-of-pleading/
Every complaint shall be considered to demand general relief. (c) The Answer. In the answer a pleader shall state in short and plain terms the pleader’s defenses to each claim asserted and shall admit or deny the averments on which the adverse party relies.
https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=4380&context=uclrev
of the "well-pleaded complaint rule," which limits the original fed-eral question jurisdiction of the federal courts.3 Under the well-pleaded complaint rule, neither a federal defense nor the plaintiff's anticipation of a federal defense in his complaint suffices to vestAuthor: Richard E. Levy
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 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].”
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
http://nofba.org/wp-content/uploads/FBA.Federal-Practice-Series.Remand-and-Removal-Paper.pdf
• Well-pleaded complaint rule : o A case “arises under” federal law when a substantial, disputed issue of federal law (e.g., the Constitution, federal statutes, treaties) appears from the face of the well-pleaded complaint. State court quiet title action “arises under” federal law when claim implicates
https://en.wikipedia.org/wiki/Ashcroft_v._Iqbal
Under Federal Rule of Civil Procedure 8(a)(2), a complaint must contain a "short and plain statement of the claim showing that the pleader is entitled to relief.... detailed factual allegations" are not required. However, the court found that Rule 8 requires the non-moving party to show plausible factual allegations, accepted as true, to " state a claim to relief that is plausible on its face."Citations: 556 U.S. 662 (more)129 S. Ct. 1937; 173 L. …
https://quizlet.com/11632899/civil-procedure-smj-flash-cards/
well pleaded complaint rule A) This is a case about who has the rights to the copyright and the royalty interest, not a case arising over the copyright itself. B) Not suing for copyright infringement itself. In A), suing for breach of contract that permitted action under copyright law, just didn't get the money.
http://lawschool.mikeshecket.com/civpro/10-13-03.htm
Even if the answer is done, the federal question must be in the original complaint. The Well-Pleaded Complaint Rule talks only about the complaint. You could certainly criticize this rule on that basis: there might be cases with important questions of federal law that don’t come up in the original cause of action.
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/
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 jurisdiction.
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