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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 ...
28 u.s.c. § 1331 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).
Plaintiff American Well Works Co. manufactured, sold, and held the patent to a particular type of pump, which was known to be the best on the market. The plaintiff sued defendant Layne & Bowler Co. on the grounds that defendant had maliciously libeled and slandered plaintiff's title to the pump by stating that the pump, and certain of its component parts, were infringements upon defendant's pump.
The Federal Tort Claims Act (August 2, 1946, ch. 646, Title IV, 60 Stat. 812, 28 U.S.C. Part VI, Chapter 171 and 28 U.S.C. § 1346) ("FTCA") is a 1946 federal statute that permits private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States.
Article III of the United States Constitution permits federal courts to hear such cases, so long as the United States Congress passes a statute to that effect. However, when Congress passed the Judiciary Act of 1789, which authorized the newly created federal courts to hear such cases, it initially chose not to allow the lower federal courts to possess federal question jurisdiction for fear ...
The U.S. Class Action Fairness Act of 2005, 28 U.S.C. §§ 1332(d), 1453, 1711–15, expanded federal subject-matter jurisdiction over many large class action lawsuits and mass actions in the United States. The bill was the first major piece of legislation of the second term of the Bush Administration.
Government patent use law is a statute codified at 28 USC § 1498(a) [1] that is a "form of government immunity from patent claims." [2] [1] Section 1498 gives the federal government of the United States the "right to use patented inventions without permission, while paying the patent holder 'reasonable and entire compensation' which is usually "set at ten percent of sales or less".
The plaintiff's original pleading is called a complaint. The defendant's original pleading is called an answer. Rule 8(a) sets out the plaintiff's requirements for a claim: a "short and plain statement" of jurisdiction, a "short and plain statement" of the claim, and a demand for judgment. It also allows relief in the alternative, so the ...