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Current Law Students / Re: Civil Procedure help!
« on: October 07, 2005, 09:27:34 PM »
The well-pleaded complaint rule is explained in Louisville Railroad v. Mottley. 211 U.S 149.
From what I have learned in class -- the federal question is one that is directly related to the cause of action. The remedy for the plaintiff must be based on a direct question of federal law. For example, if the claim is for a breach of contract (a matter of state law), and if the plaintiff can remedy their problem without ever touching any subject related to federal law, then the case may not be brought into federal court. However, if the case "turns" or must be decided based on a matter of federal law, then the case is "arising under" federal subject matter jurisdiction and may be decided in federal court. Also, the case can only be brought into federal court if Congress has allowed for a "private remedy" when passing the statute. In other words, Congress gives the right to sue for private citizens. If Congress explicitly states in the statute that there is no private right to sue, then private citizens may not bring suit based on the federal statute.
Have you read Merrell Dow v. Thompson for your class? That case gives that factors to determine an implied federal cause of action. If it hasn't been assigned, look it up on Lexis or Westlaw -- you will see what I am talking about in the third paragraph under Section II -- 478 U.S. 804.
My civ pro professor is WONDERFUL!!! It's my favorite class.
HTH.
Roxie
From what I have learned in class -- the federal question is one that is directly related to the cause of action. The remedy for the plaintiff must be based on a direct question of federal law. For example, if the claim is for a breach of contract (a matter of state law), and if the plaintiff can remedy their problem without ever touching any subject related to federal law, then the case may not be brought into federal court. However, if the case "turns" or must be decided based on a matter of federal law, then the case is "arising under" federal subject matter jurisdiction and may be decided in federal court. Also, the case can only be brought into federal court if Congress has allowed for a "private remedy" when passing the statute. In other words, Congress gives the right to sue for private citizens. If Congress explicitly states in the statute that there is no private right to sue, then private citizens may not bring suit based on the federal statute.
Have you read Merrell Dow v. Thompson for your class? That case gives that factors to determine an implied federal cause of action. If it hasn't been assigned, look it up on Lexis or Westlaw -- you will see what I am talking about in the third paragraph under Section II -- 478 U.S. 804.
My civ pro professor is WONDERFUL!!! It's my favorite class.
HTH.
Roxie
