Federal Question Jurisdiction + Removal

Question 1

what governs federal question jurisdiction?

Answer 1

1) constitutional authority (Art III Section 2)
2) congressional authorization under 28 USC 1331

Question 2

28 USC 1331

Answer 2

cases “arising under” the constitution, the laws of the united states

Question 3

what are the requirements for federal question jurisdiction?

Answer 3

a plaintiff’s original claim must “arise under” federal law

*you do not need complete diversity
*you do not need to meet AIC

Question 4

Mottley v. Railroad

Answer 4

Issue:
Rule: a claim does not arise under federal law because anticipated defenses that could be brought up by the defendant arise under federal law
Rule: the plaintiff’s original claim must arise under federal law
Rule: well-pleaded complaint rule

Question 5

well-pleaded complaint rule

Answer 5

look only to those allegations necessary to state the plaintiff’s cause of action without anticipating defenses that could be raised by the defendant

Question 6

the plaintiff is in charge of their case

Answer 6

-P chooses claims and can exclude federal claims to avoid federal court
-P can limit damages to below 75,000 to avoid federal court
-BUT, P might not stay in state court if they bring federal claims

Question 7

artful pleading doctrine

Answer 7

restricts the plaintiff’s ability to avoid or obtain federal jurisdiction

Question 8

28 USC 1441 (a) removal

Answer 8

the defendant should only be entitled to remove a case if the case as pleaded by the plaintiff, could have been filed initially in federal court by the plaintiff

Question 9

limitations/exceptions to filing removal by defendant

Answer 9

• all defendants must consent to the removal (this is all defendants who have properly joined and served must join in)
• 1441 (b)(2) forum dependent rule: no defendant may be a citizen of the state in which the state court action is pending

Question 10

the basics of removal

Answer 10

it only moves in one direction, from state to federal court.

there is no removal from federal to state

but, an improper removal from state to federal, a plaintiff may file a motion to remand the case back to state
- this ability to remand can only happen if the case was ORIGINALLY filed in state court!
-if the case starts in federal but no SMJ, case is dismissed and not remanded

Question 11

time span for defendant to remove

Answer 11

the defendant has 30 days from receiving the complaint to remove the case to federal court

if after the 30 days pass, the defendant waives right to remove except: when lacking SMJ there is no time span

Question 12

amended pleadings and removal

Answer 12

if the plaintiff amends original complaint to make it subject to federal jurisdiction (AIC increase, dismiss non-diverse defendant, or adds federal claim), the defendant has 30 days to remove the case to federal court

Question 13

waiving your right to removal

Answer 13

if a case is removable from the beginning but the defendant doesn’t remove it, but then the case becomes removable again = the defendant does not get to remove it because they already waived their right to remove

Question 14

the right to remand

Answer 14

a plaintiff has the right to remand their case back to state court if they believe the removal was improper

however, 1447(c) a motion to remand based on lack of subject matter must be filed within 30 after removal or the objection is waived

Question 15

removal statute has two 30 days notices

Answer 15

1) a defendant has 30 days after being served with the complaint to remove to federal court
2) a plaintiff has 30 days after removal to file a motion to remand based on objections other than lack of subject matter

Question 16

removal on diversity jurisdiction

Answer 16

a defendant has up to one year file for removal based on diversity purposes

Question 17

what happens if an amended pleading includes a federal claim after 3 years?

Answer 17

a defendant can remove, has 30 days to file notice of removal