What Is The Well Pleaded Complaint Rule

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Well-Pleaded Complaint Rule - FindLaw

    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.

Well-pleaded Complaint Rule Legal Definition Merriam ...

    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 …

Well-Pleaded Complaint Law and Legal Definition USLegal ...

    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.

Well-Pleaded Complaint Rule legal definition - Quimbee

    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.

The ‘Well-Pleaded Complaint Rule’ and Pushing the Bounds ...

    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 ...

After Mottley: The Well-Pleaded Complaint Rule and Artful ...

    https://h2o.law.harvard.edu/text_blocks/954
    The Ninth Circuit allowed the claim to go forward in federal court, noting an exception to the well-pleaded complaint rule: “[a] plaintiff will not be allowed to conceal the true nature of a complaint through ‘artful pleading.’” Id. at 769.

Federal question jurisdiction - Wikipedia

    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.

Federal Preemption, Removal Jurisdiction, and the Well ...

    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

Subject Matter Jurisdiction: Federal Question Jurisdiction ...

    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)

Intra-Circuit Split "Arising Under" The Well-Pleaded ...

    https://www.sixthcircuitappellateblog.com/recent-cases/important-intra-circuit-debate-arising-under-the-well-pleaded-complaint-rule/
    Apr 15, 2014 · The position of the Western District of Tennessee and the Southern District of Ohio is that this formulation is the third true exception to the well-pleaded complaint rule (joining complete preemption and artful pleading), which means that it can apply in situations where the federal issue is not necessary for the plaintiff’s affirmative claim (i.e. the defense of preemption).

Federal Question Jurisdiction Flashcards Quizlet

    https://quizlet.com/71458039/federal-question-jurisdiction-flash-cards/
    (i.e. what is is the well pleaded complaint rule?) To create federal question jurisdiction, the federal question MUST arise within the plaintiff's affirmative claim. The content of the defendant's answer is irrelevant i.e. the court may not grant federal question jurisdiction bases on defendant's anticipated defense, counterclaim, or cross-claim.

well–pleaded complaint rule - law.academic.ru

    https://law.academic.ru/68497/well%e2%80%93pleaded_complaint_rule
    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.

Civil Procedure Class Notes 10/13/03 - Mike Shecket

    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.

Louisville & Nashville R. Co. v. Mottley - Case Brief for ...

    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.

VADEN v. DISCOVER BANK - Legal Information Institute

    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].”



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