Federal question jurisdiction

Question 1

State law causes of action

Answer 1

If the cause of action is neither expressly nor implicitly created by federal law, then federal jurisdiction over a state law claim will lie if a federal issue is:

(1) necessarily raised,
(2) actually disputed,
(3) substantial, and
(4) capable of resolution in federal court without disrupting the federal-state balance approved by Congress.

Question 2

Well-pleaded complaint rule

Answer 2

Under the well-pleaded complaint rule, federal question subject-matter jurisdiction exists only when the federal law issue is presented in the plaintiff’s complaint.

It is not sufficient to establish jurisdiction:

• that the complaint alleges an anticipated federal law defense; or
• that a defendant’s counterclaim, even a compulsory counterclaim, arises from federal law.

Question 3

Removal: joined state law claims

Answer 3

If removal is sought on the basis of federal question jurisdiction, and the federal question claims in the state action are joined with claims that are not independently removable, then the entire case may be removed.

The district court must then sever and remand to the state court any claims in which state law predominates

Question 4

Federal causes of action

Answer 4

If the cause of action is expressly created by federal law, and federal law provides the underlying right, then federal question jurisdiction will exist.