Also known as: under jurisdiction
Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase indicating that a claim or controversy lies within a court's jurisdictional authority. The phrase directs attention to whether the plaintiff's properly pleaded cause of action supplies the necessary basis for federal question jurisdiction.
Igor Ito sued Innovate Pharmaceuticals in state court for breach of a supply contract under state law. Innovate answered that federal drug approval rules excused its performance and filed a counterclaim under federal patent law. Innovate removed the case. The federal court lacked jurisdiction because the complaint itself contained no federal claim.
Irene Ingalls sued Icarus Aviation in state court alleging breach of an aircraft maintenance contract governed by state law. The complaint mentioned federal aviation safety standards only to anticipate Icarus's expected defense. The federal court held that the claim was not infra jurisdictionem because no federal issue appeared on the face of the complaint.
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Imran Iyer sued Insight Consulting in state court for legal malpractice arising from a patent prosecution. The complaint asserted only state-law negligence. Insight removed, arguing the case turned on federal patent standards. The federal court lacked jurisdiction because the plaintiff's claim itself did not arise under federal law.
No. Federal question jurisdiction exists only when the plaintiff's well-pleaded complaint shows a federal claim on its face. A defense or counterclaim raising federal law cannot create arising-under jurisdiction.
The rule requires courts to examine only the plaintiff's properly pleaded cause of action. If that cause of action is created by federal law or necessarily depends on a substantial federal issue, the case lies within federal question jurisdiction.
No. Jurisdiction cannot be created by artful drafting that recites a defendant's expected federal defense. The court looks solely to whether federal law creates the plaintiff's own cause of action.
…v. Colt Industries Operating Corp. , 486 U. S. 800, 808-809 (1988). For cases falling within the patent specific arising under jurisdiction of § 1338(a), however, Congress has not only provided for federal jurisdiction but also eliminated state jurisdiction, decreeing that “[n]o State court shall have jurisdiction over any…