Federal Question Jurisdiction (28 U.S.C. § 1331)

880 Florida cases classified under this topic, plus 130 listed through its narrower topics · sorted by citation count · browse and sort

• Linn v. Chivatero
  714 F.2d 1278· 5th Cir.· 1983-09-19 ·cited 22×
  The court held that the district court erred in dismissing for lack of jurisdiction, and that the Anti-Injunction Act does not bar the taxpayer's claim under the Enochs exception.
• Gen. Fin. Corp. v. Fed. Trade Comm'n
  700 F.2d 366· 7th Cir.· 1983-02-10 ·cited 22×
  A suit to enjoin an FTC investigation is premature and barred if a specific statutory method for judicial review, such as subpoena enforcement, exists and is adequate.
• Americana Healthcare Corp. v. Schweiker
  688 F.2d 1072· 7th Cir.· 1982-08-18 ·cited 22×
  The court held that the district courts lacked subject matter jurisdiction because the plaintiffs failed to exhaust administrative remedies and obtain a final decision from the Secretary, as required by 42 U.S.C. § 405(g).
• A. L. Rowan & SON v. Dep't OF Hous. & Urban Dev.
  611 F.2d 997· 5th Cir.· 1980-02-13 ·cited 22×
  The court held that a contract claim exceeding $10,000 must be transferred to the Court of Claims, and that related unjust enrichment claims arising from the same transaction should also be transferred in the interest of justice.
• Nat'l Treas. Emps. Union v. Campbell
  589 F.2d 669· D.C. Cir.· 1978-11-14 ·cited 22×
  The court held that the district court erred in dismissing claims for lack of jurisdiction and that the Federal Employees Health Benefits Act, specifically 5 U.S.C. § 8912, provides jurisdiction for suits challenging rates negotiated under the Act. It also held that summary judgm
• Grant v. Hogan
  505 F.2d 1220· 3d Cir.· 1974-11-20 ·cited 22×
  A federal prisoner must first pursue remedies under the Interstate Agreement on Detainers before seeking relief from a state detainer in federal court.
• Junior Chamber OF Commerce OF Rochester, Inc. v. The United States Jaycees
  495 F.2d 883· 10th Cir.· 1974-04-16 ·cited 22×
  The court held that the United States Jaycees' discriminatory membership policies, despite receiving federal funds and tax exemptions, do not constitute state or federal action sufficient to violate constitutional rights or civil rights statutes.
• Hines v. Cenla Cmty. Action Comm., Inc.
  474 F.2d 1052· 5th Cir.· 1973-02-06 ·cited 22×
• Captain Douglas Bruce McGAW v. Colonel A. Allen Farrow
  472 F.2d 952· 4th Cir.· 1973-01-15 ·cited 22×
  The court held that the district court properly dismissed the action for lack of federal question jurisdiction and failure to exhaust administrative remedies.
• Harris v. Lou V. Brewer
  434 F.2d 166· 8th Cir.· 1970-11-19 ·cited 22×·via Federal Question
  The court held that a federal court can entertain a habeas corpus claim of illegal search and seizure, even if procedurally forfeited in state court, if the prisoner did not deliberately waive the claim.
• Taylor v. Cohen
  405 F.2d 277· 4th Cir.· 1968-12-05 ·cited 22×
  Judicial intervention is premature when HEW has only taken intermediate steps in administrative proceedings to terminate federal funding, and sovereign immunity bars suits against officials acting within their statutory authority.
• Ream v. Handley
  359 F.2d 728· 7th Cir.· 1966-04-20 ·cited 22×
  The court held that the district court correctly dismissed the case for lack of subject matter jurisdiction, as no genuine federal question or civil rights claim was presented.
• Silverman v. Barry
  727 F.2d 1121· D.C. Cir.· 1984-02-07 ·cited 21×
  The court held that the district court erred in dismissing the complaint for want of jurisdiction, finding that the appellants had presented substantial constitutional questions sufficient to establish federal jurisdiction.
• Pinneke v. Preisser
  623 F.2d 546· 8th Cir.· 1980-06-27 ·cited 21×
  A state's Medicaid plan cannot arbitrarily deny coverage for sex reassignment surgery when it is the only medically necessary treatment for transsexualism, as this violates federal law and the Supremacy Clause.
• Bush v. State Indus., Inc.
  599 F.2d 780· 6th Cir.· 1979-06-15 ·cited 21×
  The court held that the district court had subject matter jurisdiction and that a subsequent amendment to the FLSA, providing an express private right of action for retaliatory discharge, applied to the pending case, mooting the issue of an implied right of action.
• Rodriguez v. Ritchey
  539 F.2d 394· 5th Cir.· 1976-09-22 ·cited 21×·via 28 U.S.C. § 1331(A)
  The court held that a federal law enforcement officer participating in a criminal investigation culminating in a lawful indictment and arrest cannot be held liable for damages if the indictment is later dismissed, absent a constitutional violation or federal common law claim.
• McCall v. State
  136 Fla. 343· Fla.· 1939-02-15 ·cited 21×·via Federal Question
  Franklin Pierce McCall sought a stay of execution pending certiorari review of his Florida death sentence for kidnapping for ransom. The Florida Supreme Court denied the stay, finding that McCall's federal constitutional claims regarding denial of counsel and jury trial were with
• T.J. Kennedy v. Conn. Gen. Life Ins. Co.
  924 F.2d 698· 7th Cir.· 1991-02-07 ·cited 20×
  A medical provider who waives a patient's co-payment cannot recover from the insurer because the waiver relieves the patient of a legally required payment, thus violating a policy exclusion.
• C.H. Sanders Co., Inc. v. Bhap Hous. Dev. Fund Co., Inc.
  903 F.2d 114· 2d Cir.· 1990-05-08 ·cited 20×
  The court held that the district court possessed federal question jurisdiction over Sanders' claim for enforcement of an arbitration award against HUD, and that HUD had waived sovereign immunity. The court also affirmed the district court's decision allowing Sanders to foreclose
• Amisub (PSL), Inc. v. The State OF Colo. Dep't OF Soc. Servs.
  879 F.2d 789· 10th Cir.· 1989-07-11 ·cited 20×
  The court held that Colorado's Medicaid reimbursement rates violated federal law both procedurally and substantively, and that Medicaid providers have enforceable rights under 42 U.S.C. § 1983.
• In re Bendectin Litigation. Sarah Ann Hoffman v. Merrell DOW Pharms., Inc.
  857 F.2d 290· 6th Cir.· 1988-08-30 ·cited 20×
  The court held that the district court's exclusion of certain plaintiffs from the courtroom without a hearing violated their due process rights, and that the case law establishing the requirement for such hearings should apply retroactively.
• Payne Enters., Inc. v. United States
  837 F.2d 486· D.C. Cir.· 1988-01-19 ·cited 20×
• de Arroyo v. Barcelo
  765 F.2d 275· 1st Cir.· 1985-06-26 ·cited 20×
  Plaintiffs who achieve a significant benefit through their lawsuit, even without a formal judgment or settlement, can be considered prevailing parties for attorney's fees under 42 U.S.C. § 1988 if the suit acted as a catalyst for the defendants' actions.
• Council OF Prison Locals v. Brewer
  735 F.2d 1497· D.C. Cir.· 1984-06-01 ·cited 20×·via Federal Question
  Orders of the Federal Service Impasses Panel are generally not subject to direct judicial review, except in extraordinary circumstances, due to clear congressional intent to preclude such review.
• Russell v. Atl. & Gulf Stevedores
  625 F.2d 71· 5th Cir.· 1980-08-29 ·cited 20×
  The court held that the 1972 amendments to the Longshoremen's and Harbor Workers' Compensation Act did not create a new cause of action for negligence, and therefore, there is no right to a jury trial in this case.
• Kuhn v. Nat'l Ass'n OF Letter Carriers
  570 F.2d 757· 8th Cir.· 1978-02-15 ·cited 20×
  The court held that Executive Orders 10988 and 11491 are not 'laws of the United States' for purposes of 28 U.S.C. § 1331, and therefore the district court lacked subject matter jurisdiction over the federal claim, precluding it from exercising pendent jurisdiction over the state
• Harary v. Blumenthal
  555 F.2d 1113· 2d Cir.· 1977-05-19 ·cited 20×·via 28 U.S.C. § 1331(A)
  An acquittal in a criminal trial does not collaterally estop a subsequent administrative disbarment proceeding due to differing standards of proof, and misrepresenting fees to a client violates IRS regulations.
• Jaroslav Sedivy v. Elliot L. Richardson
  485 F.2d 1115· 3d Cir.· 1973-09-26 ·cited 20×
  The court concurred with the result but expressed concern that the jurisdictional amount requirement of 28 U.S.C. § 1331 was not met, suggesting this issue requires further consideration.
• D'Ambra v. United States
  481 F.2d 14· 1st Cir.· 1973-06-07 ·cited 20×·via Federal Question
  The court held that the Federal Tort Claims Act does not permit recovery for damages beyond actual pecuniary loss when a state's wrongful death statute is partially punitive, and thus the Rhode Island statute's calculation of damages was inapplicable.
• Ronica R. Weigand v. Afton View Apts.
  473 F.2d 545· 8th Cir.· 1973-02-15 ·cited 20×
  The court held that a state tax break for federally funded housing, without more, does not constitute state action sufficient for a federal civil rights claim. It also held that the district court did not abuse its discretion in denying leave to amend the complaint.
• Foley Ford Gephart v. Beto
  441 F.2d 319· 5th Cir.· 1971-04-16 ·cited 20×·via Federal Question
  The court held that the use of extraneous crimes evidence in a state trial, when properly adjudicated under state rules, does not present a federal question warranting habeas corpus relief.
• Nehemiah Mungin v. Fla. E. Coast Ry. Co.
  416 F.2d 1169· 5th Cir.· 1969-09-22 ·cited 20×
  The court held that a suit by individual employees for monetary damages, arising from a carrier's unilateral changes to rates of pay, rules, or working conditions in violation of the Railway Labor Act, falls within federal court jurisdiction and is not subject to dismissal for fa
• Johnson v. Mueller
  415 F.2d 354· 4th Cir.· 1969-08-29 ·cited 20×
  The court held that the district court erred in dismissing the pro se plaintiff's complaints for lack of jurisdiction without considering whether they stated a claim under the Civil Rights Act of 1871.
• Paynes v. LEE
  377 F.2d 61· 5th Cir.· 1967-05-02 ·cited 20×
  The court held that federal jurisdiction was properly invoked under 42 U.S.C.A. § 1985(3) for a claim of intimidation and threats to prevent voter registration due to race, and it was error to dismiss the action.
• Giancana v. Marlin W. Johnson
  335 F.2d 366· 7th Cir.· 1964-06-30 ·cited 20×
  The district court lacked jurisdiction because the plaintiff failed to allege or demonstrate that the amount in controversy exceeded the statutory minimum, and also failed to identify a specific Act of Congress for the civil rights claim.
• Application of Raymond C. Hodge For Certificate of Probable Cause
  262 F.2d 778· 9th Cir.· 1958-12-15 ·cited 20×·via Federal Question
  The court held that the petitioner's allegations regarding pre-conviction confinement, attorney conduct, and perjured testimony did not present a federal question or demonstrate a denial of constitutional rights sufficient to warrant federal habeas corpus relief.
• Young v. Territory of Hawaii
  160 F.2d 289· 9th Cir.· 1947-03-05 ·cited 20×·via Federal Question
  The court held that it lacked jurisdiction to hear the appeal because no substantial federal question was presented, as the jury instruction, though potentially subject to criticism, did not violate due process.
• Garcia v. Santa Maria Resort, Inc.
  528 F. Supp. 2d 1283· S.D. Fla.· 2007-11-15 ·cited 19×
  The court held that the plaintiffs' claims failed to meet the heightened pleading standards for securities fraud and general plausibility, and were also barred by the statute of limitations and the bespeaks caution doctrine.
• Armstead v. Pingree
  629 F. Supp. 273· M.D. Fla.· 1986-01-29 ·cited 19×
  The court denied the motion to dismiss, finding that plaintiffs' allegations of constitutional violations and statutory rights under § 1983 and § 504 stated a federal question. The court also granted the motion to amend the class, certifying two subclasses.
• DiRUGGIERO v. Rodgers
  743 F.2d 1009· 3d Cir.· 1984-09-17 ·cited 19×
  The court held that claims under the Parental Kidnapping Prevention Act (PKPA) arise under federal law, and that the domestic relations exception does not bar diversity jurisdiction over a state-law child abduction tort claim.
• Gila River Indian Community v. Henningson
  626 F.2d 708· 9th Cir.· 1980-08-29 ·cited 19×
  The court held that federal jurisdiction under 28 U.S.C. § 1362 does not extend to a simple breach of contract action for negligent design and construction, as it does not involve the tribe's possessory rights to land or other federal questions.
• Haitian Refugee Ctr. v. Civiletti
  503 F. Supp. 442· S.D. Fla.· 1980-07-02 ·cited 19×
  The court held that the district court has jurisdiction to review claims alleging procedural irregularities in the Immigration and Naturalization Service's (INS) processing of asylum claims, distinguishing these from direct challenges to final deportation orders which are exclusi
• Dist. OF Columbia v. Schramm
  631 F.2d 854· D.C. Cir.· 1980-06-18 ·cited 19×
  The court held that the EPA's decision not to veto a state-issued NPDES permit is not reviewable in federal court, and that the District failed to demonstrate harm under federal common law of nuisance.
• Einhorn v. DeWITT
  618 F.2d 347· 5th Cir.· 1980-06-04 ·cited 19×
  The court held that 26 C.F.R. § 601.107(b)(2) grants discretion to the IRS regarding disclosure of information in criminal investigations, and therefore, federal courts lack jurisdiction to compel such disclosure.
• Gallagher v. The Cont'l Ins. Co.
  502 F.2d 827· 10th Cir.· 1974-08-20 ·cited 19×
  Citizens and taxpayers lack standing to bring a derivative action on behalf of the state to challenge a contract, absent specific state authorization or a direct benefit intended for them as third-party beneficiaries.
• Lovell Mfg. v. Export-Import Bank OF THE United States & Aetna Cas. & Sur. Co., Inc.
  843 F.2d 725· 3d Cir.· 1988-03-31 ·cited 18×
  Federal courts lack subject matter jurisdiction over a suit against FCIA when the federal claim against Eximbank was withdrawn, as the remaining claim is governed by state law and Eximbank's interest is tangential.
• Wyden v. Commissioner OF Patents AND Trademarks
  807 F.2d 934· Fed. Cir.· 1986-11-25 ·cited 18×
  The court confirms its jurisdiction over the appeal, deferring to a sister circuit's precedent on the matter.
• Wilton Chatman-Bey v. Meese
  797 F.2d 987· D.C. Cir.· 1986-08-05 ·cited 18×
  The court held that the Federal Bureau of Prisons' method of calculating parole eligibility for prisoners serving consecutive federal and D.C. Code sentences was arbitrary and irrational, and adopted a uniform aggregation approach that respects D.C. minimum sentence requirements.
• NEW Orleans Pub. Serv., Inc. v. The City OF NEW Orleans
  782 F.2d 1236· 5th Cir.· 1986-02-14 ·cited 18×
  The court held that the district court erred in dismissing the case for lack of subject matter jurisdiction and in abstaining, as federal question jurisdiction exists under 28 U.S.C. § 1331 due to the federal preemption claim.
• Wronke v. Marsh
  767 F.2d 354· 7th Cir.· 1985-07-18 ·cited 18×
  The court held that an appeal from a judgment entered after October 1, 1982, is not governed by the savings clause for appeals filed before that date, even if a prior appeal in the same underlying matter was filed before that date.