Federal-question jurisdiction has always been an elusive concept at its boundaries. The key words, "arising under," have proven to be two of the more versatile words in the English language. They mean different things in different contexts, and over time, they have evolved to mean very different things even in the same context. Last term, in Grable & Sons Metal Products Inc v Darue Engineering & Manufacturing, the Supreme Court issued the latest edition of its "arising under" dictionary. This Article is a guide to that edition. In this Article, the author will attempt to provide a framework for determining whether federal-question jurisdiction is present. Grable's new edition confirms that the second branch lives. Its four-prong test, while certainly not providing a bright line,...
... §227. Congress determined that federal legislation wasneeded because telemarketers, by ...2011), and provides that jurisdiction over thesestate-initiated suits lies exclusively... Mims invoked the court's "federal question" jurisdiction, . i.e., its authority to adjudicatee claims "arising under the . . . laws . . .of the United States," 2...
... §227. Congress determined that federal legislation wasneeded because telemarketers, by ...2011), and provides that jurisdiction over thesestate-initiated suits lies exclusively... Mims invoked the court's "federal question" jurisdiction, . i.e., its authority to adjudicatee claims "arising under the . . . laws . . .of the United States," 2...
... §227. Congress determined that federal legislation wasneeded because telemarketers, by ...2011), and provides that jurisdiction over thesestate-initiated suits lies exclusively... Mims invoked the court's "federal question" jurisdiction, . i.e., its authority to adjudicatee claims "arising under the . . . laws . . .of the United States," 2...
... decision", therefore the TCPA claim arises under the laws of the United States for "federal questioon" jurisdiction to exist under 28 U.S.C. § 1331. Here, the TCPA's... deprive US district courts of federal question jurisdiction over private TCPA suits. Unless Congr... jurisdiction over private lawsuits arising under a federal statute, courts will side in favor...
...25 U. S. C. § 2710(d)(I)(C). Under the Act, States have a duty to negotiate in good f...(d)(3)(A), and a tribe may sue a State in federal court in order to compel performance of that duty,... suit is narrowly focused on a single question: Was the Act in question passed pursuant to a cons... of the federal courts' Article III jurisdiction-contradicted the fundamental notion that Article I... of action initiated by an Indian tribe arising from the failure of a State to enter into negotiat...
... the district court’s diversity jurisdiction on the ground that Michael was not a proper party.. KCSR also invoked federal question jurisdiction on the ground that the ICCTA complete...2008). Under the well-pleaded complaint rule, a federal court d... of any civil action or proceeding arising under any Act of Congress regulating commerce or p...
...25 U. S. C. § 2710(d)(I)(C). Under the Act, States have a duty to negotiate in good f...(d)(3)(A), and a tribe may sue a State in federal court in order to compel performance of that duty,... suit is narrowly focused on a single question: Was the Act in question passed pursuant to a cons... of the federal courts' Article III jurisdiction-contradicted the fundamental notion that Article I... of action initiated by an Indian tribe arising from the failure of a State to enter into negotiat...
... ICS' buildings qualified for protection under the city's Landmarks Ordinance, the city enacted a... conducted its proceedings violated the Federal and State Constitutions, and seeking on-the-record... District Court on the basis of federal question jurisdiction. The District Court consolidated the ...157. encompasses cases "arising under the Constitution, laws, or treaties of the U...
... (hereinafter Grable) to satisfy a federal tax delinquency, and gave Grable notice by certifi... District Court as presenting a federal question because the title claim depended on an interpretat... Court granted certiorari on the jurisdictional question. . Held: The national interest in prov... court originally, as a civil action "arising under the .. laws .. of the United States," 28 U. ...
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