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Congress eliminated the requirement in actions against the United States in 1976 and in all federal question cases in 1980. Therefore, a federal court can hear a federal question case even if no money is sought by the plaintiff. To meet the requirement of a case "arising under" federal law, the federal question must appear on the face of the ...
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).
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 ...
The Supreme Court found that his claim fell within the general federal question jurisdiction under 28 U.S.C. § 1331. The question was accordingly not whether the CSRA precluded jurisdiction, but whether it divested the federal courts of the jurisdiction that is generally conferred by section 1331.
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.
But it had not, and since Doyle's claim to federal-question jurisdiction seemed like a legitimate constitutional issue and not one claimed for the sole purpose of obtaining federal jurisdiction, "we leave those questions for another day, and assume, without deciding, that the respondent could sue under § 1331 without regard to the limitations ...
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 ...
The Foreign Sovereign Immunities Act of 1976 (FSIA) is a United States law, codified at Title 28, §§ 1330, 1332, 1391(f), 1441(d), and 1602–1611 of the United States Code, that established criteria as to whether a foreign sovereign state (or its political subdivisions, agencies, or instrumentalities) is immune from the jurisdiction of the ...