Federal Question Jurisdiction (28 U.S.C. § 1331)
“The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States."
"Arising Under” — Two Tests
1. Well-Pleaded Complaint Rule (Louisville & Nashville RR v. Mottley, 1908)
Federal question must appear on the face of plaintiff’s complaint, not in an anticipated defense or counterclaim. Plaintiff cannot manufacture federal jurisdiction by anticipating a federal defense.
2. Embedded Federal Issue (Grable & Sons v. Darue, 2005)
A state-law claim may arise under federal law if the federal issue is:
- Necessarily raised — federal law is an essential element of the state claim
- Actually disputed — genuinely in controversy
- Substantial — important to the federal system as a whole
- Capable of resolution without disrupting the federal-state balance
Gunn v. Minton (2013): Grable is a “special and small” category; the federal issue must be significant to the federal system, not just to the parties.
Scope
- No amount-in-controversy requirement (unlike § 1332 diversity)
- Covers claims under federal statutes, the Constitution, and treaties
- Does NOT cover state-law claims even if they happen to reference federal standards (unless Grable applies)