Commercial Litigation and Arbitration

When a Claim Can be Supported by Alternate and Independent State or Federal Law Theories, No Federal Jurisdiction Attaches

From Ballesteros v. Charter College, 2010 U.S. Dist. LEXIS 109855 (C.D. Cal. Oct. 4, 2010):

The Ninth Circuit has explained that "[w]hen a claim can be supported by alternative and independent theories-one of which is a state law theory and one of which is a federal law theory-federal question jurisdiction does not attach because federal law is not a necessary element of the claim." Rains v. Criterion Sys., Inc., 80 F.3d 339, 346 (9th Cir. 1996) (citing Christianson v. Colt Indus. Operating Corp., 486 U.S. 800, 810, 108 S. Ct. 2166, 100 L. Ed. 2d 811 (1988)).

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