... §227. Congress determined that federal legislation wasneeded because telemarketers, by ...It authorizes States to bring civil actions to enjoin prohibitedpractices and recover damages ... Mims invoked the court's "federal question" jurisdiction, . i.e., its authority to adjudicate...] suit arises under the law that createsthe cause of action." American Well Works Co. v. Layne &Bow...
Title 28, section 1331 of the US Code provides the jurisdictional hook for the majority of cases heard in the federal courts, yet it is not well understood. The predominant view holds that section 1331 doctrine both lacks a focus upon congressional intent and is internally inconsistent. This article seeks to counter both these assumptions by re-contextualizing the Court's section 1331 jurisprudence in terms of the contemporary judicial usage of "right" (i.e., clear, mandatory obligations capable of judicial enforcement) and cause of action (i.e., permission to vindicate a right in court). In conducting this reinterpretation, the author argues that section 1331 jurisdiction is best understood as a function of the federal right and cause of action a plaintiff asserts. These two concepts, ...
... States Code is the general federal question jurisdictional statute, which grants federal distr...
... §227. Congress determined that federal legislation wasneeded because telemarketers, by ...It authorizes States to bring civil actions to enjoin prohibitedpractices and recover damages ... Mims invoked the court's "federal question" jurisdiction, . i.e., its authority to adjudicate...] suit arises under the law that createsthe cause of action." American Well Works Co. v. Layne &Bow...
... §227. Congress determined that federal legislation wasneeded because telemarketers, by ...It authorizes States to bring civil actions to enjoin prohibitedpractices and recover damages ... Mims invoked the court's "federal question" jurisdiction, . i.e., its authority to adjudicate...] suit arises under the law that createsthe cause of action." American Well Works Co. v. Layne &Bow...
... (hereinafter Grable) to satisfy a federal tax delinquency, and gave Grable notice by certifi...Grable subsequently brought a quiet title action in state court, claiming that Darue's title was in... District Court as presenting a federal question because the title claim depended on an interpretat... is usually invoked by plaintiffs pleading a cause of action created by federal law, but this Court h...
... appeal encompasses three class actions brought in the District Court for the District of ... United States to whom defendant sent or caused to be sent a fax advertisement without the recipie... for dismissal varied slightly, a common question arises in our review of each of the cases: whether...
...The complaint did not refer to any federal law. Petitioners removed the case to Federal Distr... excessive interest, and that respondents' action was therefore one "arising under" federal law that... case to state court, but certified the question whether it had jurisdiction to the Eleventh Circui... Held: Respondents' cause of action arose only under federal law and could, ...
The federal question jurisdiction of the federal courts. A. The Limits on the Federal Question Jurisdiction of the Federal Courts. B. Merrell Dow and the Introduction of the Private Right of Action. C. Grable: Private Right of Action as a Congressional Veto. II. The scholarly account of incorporation jurisdiction. A. The Federalism Account. B. The Article III Account. C. The Prudential Account. III. The erie doctrine and the limits of federal judicial common law powers. IV. Merrell dow as an article i limitation. A. The Two Classes of Incorporation Claims. B. The Nature of the Federal Interests in State Law Container Claims. C. A New Theory of Incorporation Jurisdiction. V. Conclusion.
... assumption that there is no federal cause of action thus cannot be overstated. For the ultim...
..." of the drug in violation of the Federal Food, Drug, and Cosmetic Act (FDCA) represented a ..." of negligence and the "proximate cause" of the injuries. Petitioner filed a petition for removal of the actions to Federal District Court, alleging that they were...1331. Thus, here, determining the question of removal jurisdiction by reference to the "well-...
... suit was time barred because petitioner's cause of action accrued at the time of his arrest, not w... related criminal conviction raises the question whether, assuming the Heck bar takes effect when...Moreover, a federal tolling rule to this effect would create a jurispr...
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