Embedded Federal Question ... Question

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
Geist13
Posts: 739
Joined: Sat Oct 10, 2009 3:21 pm

Embedded Federal Question ... Question

Postby Geist13 » Sun May 08, 2011 4:00 pm

Does an embedded federal question need to explicitly brought up in the complaint? Or can the Grable analysis be applied to a Mottley type situation? Basically I'm wondering if Grable is an exception to Mottley or whether Mottley is still a requirement for embedded questions.

User avatar
squ1rtle
Posts: 70
Joined: Thu Dec 17, 2009 2:36 am

Re: Embedded Federal Question ... Question

Postby squ1rtle » Sun May 08, 2011 4:42 pm

Grable is not an exception to Mottley. Mottley established the well-pleaded complaint doctrine. Grable, on the otherhand, was known for the 4 factor test in determining Federal Question Jurisdiction where a federal issue is embedded in a state law claim. The court will still only look at the face of the P's complaint--not the D's answer--to determine if there is a federal question. There are of course certain exceptions to this rule, where certain federal law pre-empts the state law claim(i.e. ERISA). Also, under the artful-pleading doctrine, a P cannot avoid removal by declining to plead necessary federal questions. The court will be allowed in certain instances to look beyond the face of the P's complaint to determine whether the P has alleged a federal question.

Geist13
Posts: 739
Joined: Sat Oct 10, 2009 3:21 pm

Re: Embedded Federal Question ... Question

Postby Geist13 » Sun May 08, 2011 5:01 pm

Cool thanks.




Return to “Forum for Law School Students”

Who is online

Users browsing this forum: KissMyAxe and 10 guests