*Failed on the 3
Franchise Tax Board v. Construction Laborers Vacation Trust
The Law: §1331
“A suit arises under the law that creates the cause of action.” An action arises under federal law
if in order for the plaintiff to secure the relief sought he will be obliged to establish both the
correctness and applicability to his case of a proposition of federal law.”
*If right to relief is dependent upon answering a question of federal law in dispute then they have
federal question jurisdiction.
The court vacated the judgment for appellee trust and remanded for
disposition by the state court, because under the "well-pleaded complaint" rule,
appellant's action to levy against the plan assets or for a declaration of rights
was neither created by ERISA nor turned on a substantial question of federal law,
and thus could not be removed to federal court.
must contain the federal question. It does not count
if the P brings up the federal question in response to the D.
Louisville & Nashville R.R. Co. v. Mottley
1. P's (Mottley's) were injured by the RR negligence.
2. They signed away their rights to sue for damages in exchange for free railroad transportation for the
rest of their natural lives.
3. There was a contract written up.
4. The RR company reneged on the contract they promised to renew the passes and did not.
Holding: The P's 5
amendment argument was a response to the D's defense of the transportation
statute. The case has to have been brought to court because of the P's original claim, not their response
to the D's defense.
Order: No juriction because the well-pleaded complaint did not contain a 5
Grable & Sons Metal Products, Inc. v. Darue Engineering & Mfg
Interpretation of Title 26 U.S.C. §6337 was necessary to resolve the dispute.
Property claims that are related to IRS notice of a seizure are unlikely to come
up, and it is important that the answer to this question is uniform across the US.
Therefore, this case passed the Federal Ingredient test and the court
Federal Question Jurisdiction.
4. Supplemental Jurisdiction of the Federal Courts §1367
Courts can hear state law claims if it “grows out of” a federal issue.
(p946) Gibbs Test
Exxon Mobil Corp. v. Allapattah Services, Inc.