Jurisdiction, Venue, and Forum
Jurisdiction
Jurisdiction exists where a federal question appears on the face of a well-pleaded complaint. A federal defense does not create jurisdiction, and a narrow category of state claims raising substantial federal issues qualifies under Grable.
Complete preemption is a separate route.
Alternative Names:
Arising Under Jurisdiction|Section 1331 Jurisdiction
Why it Matters?
The well-pleaded complaint rule prevents removal based on a federal defense, which means anticipating preemption in the answer does not create jurisdiction. Complete preemption is the exception, converting a state claim into a federal one where a federal statute wholly displaces state law, and ERISA and the Labor Management Relations Act are the recognized categories. Grable jurisdiction over embedded federal issues is narrow and rarely successful.
Frequently Confused with
Related terms
Frequently asked questions
Does a federal defense create jurisdiction?
What is complete preemption?
