Can a Plaintiff bring a Federal Question to State Court? Forum

[heavoldgotjuice]

Dumb question, I know, but for Removal purposes .... Defendant may remove a lawsuit from state court to federal court if the claim could have originally been brought by the plaintiff in federal court --> Diversity: If any D resides in the forum State where the lawsuit is brought, a D may not remove. Federal Question --> D can remove FQ without regard to the parties' residences

So, yeah ... can a Plaintiff bring a federal question to state court?

[lawhopeful10]

Yes as long as it isn't like admiralty, maybe federal securities somethibg like that. There are a couple federal things that have to be brought in federal court but I think most other federal questions are fine being brought in state court.

Edit: if you were asking what a plaintiff can do to keep their federal question claim in state court and not get removed then I don't know.

[sd5289]

Yes (as mentioned above, so long as it isn't admiralty or anything else subject to exclusively federal jurisdiction as outlined in Art. III).

That said, your P would do well with bringing a state law claim as well in order to avoid removal. State Ct's have the power to decide questions of state and federal law, and if the state ground is dispositive, it generally doesn't matter what they say on the federal ground (assuming it's not egregiously incorrect).

[sap]

There are also lots of claims specifically created by federal statues (outside of AIII exclusive jurisdiction). You generally can't bring those in state courts, either (like, a copyright claim). This is why you occasionally see people bringing copyright suits in lieu of defamation suits to get around state anti-SLAPP.

But if you're looking for how to keep a claim that touches a federal question out of federal court as a plaintiff if the defendant removes... you have an uphill battle - you have to show that it's not a substantial federal q, and the analysis is always fairly wishy-washy.

[sd5289]

But if you're looking for how to keep a claim that touches a federal question out of federal court as a plaintiff if the defendant removes... you have an uphill battle - you have to show that it's not a substantial federal q, and the analysis is always fairly wishy-washy.

Yup ^

My take away from that part of Fed Ct's was "50/50 son!"