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Federal Question Jurisdiction: Arising Under the Law Creating the Cause of Action, Lecture notes of Civil procedure

Indiana University Bloomington (IU)Civil procedure

The concept of federal question jurisdiction, which allows federal courts to hear cases that involve a substantial federal issue. Two cases, louisville & nashville railroad co v. Mottley and merrell dow pharmaceuticals inc v. Thompson, and explains how the federal question jurisdiction doctrine was applied in each case. The document also introduces the well works test and holmes test, which are used to determine whether a case arises under federal or state law.

Typology: Lecture notes

2011/2012

Uploaded on 10/05/2012

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Federal Question Jurisdiction-arising under

• Has to be a federal question in order for the Federal courts to

deal with it.

• § 1331

• more narrow than arising under for Const. Article 3

• a federal ingredient in the case

• Why do we have federal question jurisdiction- USE

• Uniform interpretation

• Sympathetic interpretation

• More expertise (federal judges)

Louisville & Nashville Railroad Co v. Mottley pg 215

Facts:

• Mottleys are injured by the Railroad so they were given

lifetime passes for many years, until a federal statute forbade

railroads from giving such passes.

Two questions raised

• Does the federal statue prohibit lifetime passes that predate

statute

• Federal Law

• Is it a unconstitutional taking- violation of 5th Amendment

• Federal Law

§ 1331: is stating that this is not a federal question of jurisdiction

• well- pleaded complaint rule

• claim has to rely on federal law

• Mottley’s are suing for breach of contract-state

law

• Looking at Claims for Relief

• -not anticipated defenses or replies to defenses

• Beneﬁt

• Know right away if there is subject matter

jurisdiction

• Mottley’s complaint

• Breach of contract

• This is state law

• Railroad’s answer/defense

• The federal statue prohibits lifetime passes that predate

statute

• Mottley’s reply to the defense

• It is a unconstitutional taking- violation of 5th

amendment

Supreme Court noticed the lack of subject matter jurisdiction so they

reversed & remitted to dismiss suit.

Merrell Dow Pharmaceuticals Inc, v. Thompson

Discover Lecture notes of Civil procedure Indiana University Bloomington (IU)

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Federal Question Jurisdiction-arising under

Has to be a federal question in order for the Federal courts to deal with it.
§ 1331
- more narrow than arising under for Const. Article 3
  - a federal ingredient in the case
Why do we have federal question jurisdiction- USE
- Uniform interpretation
- Sympathetic interpretation
- More expertise (federal judges)

Louisville & Nashville Railroad Co v. Mottley pg 215 Facts:

Mottleys are injured by the Railroad so they were given lifetime passes for many years, until a federal statute forbade railroads from giving such passes. Two questions raised
Does the federal statue prohibit lifetime passes that predate statute
Federal Law
Is it a unconstitutional taking- violation of 5th^ Amendment
Federal Law § 1331: is stating that this is not a federal question of jurisdiction
well- pleaded complaint rule
claim has to rely on federal law
Mottley’s are suing for breach of contract-state law
Looking at Claims for Relief
-not anticipated defenses or replies to defenses
Benefit
Know right away if there is subject matter jurisdiction
Mottley’s complaint
Breach of contract
This is state law
Railroad’s answer/defense
The federal statue prohibits lifetime passes that predate statute
Mottley’s reply to the defense
It is a unconstitutional taking- violation of 5th amendment Supreme Court noticed the lack of subject matter jurisdiction so they reversed & remitted to dismiss suit.

Merrell Dow Pharmaceuticals Inc, v. Thompson

Facts:

Claim filed was negligence per se claim-State law
Medicine was not labeled with a warning about possible birth defeats-FDCA statute requires companies to propyl label their products.
Duty was defined by the FDCA, they didn’t so they breached that duty. - Implied private right under FDCA
Private right of action
- Private individuals are given a case of action
- There are laws that people cannot sue for (ie: speeding)
- 42 USC § 1983 (federal law) -Gives you private right of action for violations of constitution and violations by state/ state actors
Dissent: Federal Question-USE (uniformity, sensitivity and expertise) Holding and Reasoning
First, Congress specifically said that there would be no private federal cause of action for violating this statute. It follows that the federal issue is not substantial enough to confer federal jurisdiction. Second, federal courts still have appellate jurisdiction over the interpretation of the statute. Finally, the fact that there is a novel issue involved as to whether the statute applies in Scotland or Canada is not enough to give it federal question jurisdiction. FDCA
No express private right of action
Assume no implied action. FDA-has to use federal courts to implement their statutes
This is exclusive federal jurisdiction.

Well Works Test

A suit arises under the law that creates the cause of action
- If cause of action if state then state, If cause of action is Federal then it is federal.

Holmes test

If law is created under Federal Law then it is federal law jurisdiction
You could have a state law of action that is under a Federal law but it does work the majority of cases

Grable & Sons Metal Products, Inc v. Darue Engineering & Manufacturing pg 224 Facts:

Federal Question Jurisdiction: Arising Under the Law Creating the Cause of Action, Lecture notes of Civil procedure

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