What is the test for federal jurisdiction in a civil action?

MultiRegion, United States of America

The following excerpt is from Rooney v. Save Mart Supermarkets, No. 2:20-cv-00671-JAM-FEB (E.D. Cal. 2020):

Courts have original jurisdictionor federal question jurisdictionof all civil actions arising under the Constitution, laws, or treaties of the United States. 28 U.S.C. 1331. A plaintiff's well-pleaded complaint must establish "either that federal law creates the cause of action or that the plaintiff's right to relief necessarily depends on a resolution of a substantial question of federal law." Easton v. Crossland Mortg. Corp., 114 F.3d 979, 982 (9th Cir. 1997)(internal citations omitted). In other words, "it must be clear from the face of the plaintiff's well-pleaded complaint that there is a federal question." Id. (internal citations omitted). "[A] civil complaint raising claims preempted by Section 301 [of the LMRA] raises a federal question that can be removed to a federal court." Curtis v. Irwin Industries, Inc., 913 F.3d 1146, 1152 (9th Cir. 2019).

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