Caterpillar Inc. v. Williams
482 U.S. 386 (1987) Cited 11,229 times 7 Legal AnalysesHolding that the rule that a federal defense does not suffice to show that a claim arises under federal law applies "even if the defense is anticipated in the plaintiff's complaint, and even if both parties concede that the federal defense is the only question truly at issue"
Franchise Tax Bd. v. Laborers Vacation Trust
463 U.S. 1 (1983) Cited 10,438 times 5 Legal AnalysesHolding that a case may not be removed to federal court on the basis of a preemption defense even where "both parties admit that the defense is the only question truly at issue in the case"
Empire Healthchoice v. McVeigh
547 U.S. 677 (2006) Cited 1,714 times 10 Legal AnalysesHolding that the federal government's "overwhelming interest in attracting able workers to the federal workforce" and "in the health and welfare of the federal workers upon whom it relies to carry out its functions" was insufficient to transform a "state-court-initiated tort litigation" into a "federal case"
Eastman v. Marine Mechanical Corp.
438 F.3d 544 (6th Cir. 2006) Cited 524 timesHolding that state wrongful termination claim relying on federal statutes as source of public policy did not raise substantial federal question supporting removal jurisdiction because there would be a dramatic shift of litigation to federal courts and there was no disputed interpretation of a federal law at stake
Sparta Surgical v. Nat. Ass'n of Sec. Dealers
159 F.3d 1209 (9th Cir. 1998) Cited 596 times 1 Legal AnalysesHolding that “although [plaintiff's] theories are posited as state law claims,” their viability depended on whether the SRO's “rules were violated,” thereby triggering the exclusive jurisdiction provision of § 78aa
Mikulski v. Centerior
501 F.3d 555 (6th Cir. 2007) Cited 391 timesHolding that the District Court lacked jurisdiction over shareholders' claims for overreporting of dividends
Campbell v. Stone Ins
509 F.3d 665 (5th Cir. 2007) Cited 269 timesHolding improper joinder on the basis of peremption
Robinson v. Michigan Consol. Gas Co. Inc.
918 F.2d 579 (6th Cir. 1990) Cited 412 timesHolding that suit against trustee was related to bankruptcy because if suit was successful, trustee would require reimbursement from the estate
Her Majesty the Queen in Right of the Province of Ontario v. City of Detroit
874 F.2d 332 (6th Cir. 1989) Cited 423 times 2 Legal AnalysesHolding that "plain language of the [Clean Air Act's] savings clause ... clearly indicates that Congress did not wish to abolish state control"
U.S. v. National Assn. Securities Dealers
422 U.S. 694 (1975) Cited 182 timesFinding implied preclusion of antitrust laws
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 97,373 times 134 Legal AnalysesFinding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
Section 1441 - Removal of civil actions
28 U.S.C. § 1441 Cited 50,005 times 149 Legal AnalysesHolding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”
Section 80a-1 - Findings and declaration of policy
15 U.S.C. § 80a-1 Cited 465 times 16 Legal AnalysesDeclaring as a policy rationale for the Investment Company Act the prevention of conflicts of interest between investment companies and advisers
Section 80a-8 - Registration of investment companies
15 U.S.C. § 80a-8 Cited 56 times 4 Legal AnalysesSetting forth requirements for registration of investment companies