By Miriam R. Nemetz and Robert L. Bronston
Recently the Supreme Court granted certiorari in one case of potential interest to the business community. Amicus briefs in support of the petitioners are due on Monday, March 10, 2003, and amicus briefs in support of the respondents are due on Wednesday, April 9, 2003.
National Bank Act - Removal - State-Law Usurious Interest Claims.
Under the well-pleaded complaint rule, the court assessing the propriety of removal must look to the face of the complaint to determine whether federal question jurisdiction exists and removal accordingly is proper; a defendant generally may not remove a case on the ground that it has federal defenses. Under the "complete preemption" doctrine, however, a case may be removed to federal court if Congress has so "completely pre-empt[ed] a particular area that any civil complaint * * * is necessarily federal in character." Metropolitan Life Ins. Co. v. Taylor, 481 U.S. 58, 64 (1987). The Supreme Court granted
