“Well-pleaded complaint rule”

May 7, 2012

  • 334 Removal of Cases
  • 334II Origin, Nature, and Subject of Controversy
  • 334k25 Allegations in Pleadings
  • 334k25(1) k. In General.

334 Removal of CasesUnder the well-pleaded complaint rule, a completely preempted state-law counterclaim remains a counterclaim and thus does not provide a key capable of opening a federal court’s door on the basis of federal question jurisdiction.
Vaden v. Discover Bank, 129 S. Ct. 1262 (2009)
Suggested by R. Christopher Baker, Law Student; St. Mary’s School of Law; San Antonio, TX