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[5] For almost a hundred years this test was the foundation for federal question qualification under § 1331 until the Supreme Court modified it in Mims v. Arrow Financial Services (2012) to be whether “federal law creates [both] a private right of action and furnishes the substantive rules of decision.” [6]
Grable & Sons Metal Products, Inc. v. Darue Engineering & Mfg., 545 U.S. 308 (2005), was a United States Supreme Court decision [1] involving the jurisdiction of the federal district courts under 28 U.S.C. § 1331 (federal question jurisdiction). [2]
The enabling statute for federal question jurisdiction, 28 U.S.C. § 1331, provides that the district courts have original jurisdiction in all civil actions arising under the Constitution, laws, or treaties of the United States. As mentioned before, this jurisdiction by default is not exclusive; states can also hear claims based on federal law.
Where one party wrongs another by making statements to the effect that an article sold by the latter infringes the former's patent, this is a question of state law and not federal patent law, and therefore §1331 grants no jurisdiction to federal district courts. Court membership; Chief Justice Edward D. White Associate Justices
The question raised was whether the federal district courts have original federal question jurisdiction under 28 U.S.C. § 1331 [2] when a claim arises out of a federal statute that has not specifically granted a private right to a cause of action. The case considered several different tests to determine when a case is covered under original ...
Congress did not create a consistent federal question jurisdiction, which allows federal courts to hear any case alleging a violation of the Constitution, laws, and treaties of the United States, until 1875, when Congress created the statute which is now found at 28 U.S.C. § 1331: "The district courts shall have original jurisdiction of all ...
After Elon Musk complained about federal spending for housing migrants in what he called "luxury hotels" housing in New York City, the Department of Homeland Security announced Tuesday four FEMA ...
25 Stat. 434, c. 866 (then-current federal question jurisdiction statute; current analogue 28 U.S.C. § 1331) Louisville & Nashville Railroad Company v. Mottley , 211 U.S. 149 (1908), was a United States Supreme Court decision that held that under the existing statutory scheme, federal question jurisdiction could not be predicated on a ...