“Federal jurisdiction cannot be based solely on the presence of a federal issue raised in a defense,” Judge William H. Yohn Jr. wrote in Howard Medical Inc. v. Temple University Hospital, et al.
Instead, Yohn said, the existence of a federal question must be clear from the face of the plaintiff’s complaint. And if the suit sounds only in state tort claims, Yohn said, the defendants must show that the plaintiff’s claim itself — and not just their defenses to it — “arises under” federal law.
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