Also known as: lacks subject matter jurisdiction · lacking subject matter jurisdiction · lack of SMJ · no subject matter jurisdiction · subject-matter jurisdiction absent · SMJ defect
Written by attorneys · grounded in primary & secondary sources — see below
A fundamental defect preventing a federal court from exercising authority over a case because the dispute falls outside the constitutional and statutory grants of federal judicial power. The defect may be raised at any time before final judgment and requires remand when discovered after removal.
Lucia Lopez sued a state-court defendant in State A court. The defendant removed to federal court on diversity grounds. After removal, the court discovered that one party destroyed complete diversity. The federal court remanded the action and ordered the removing party to pay the plaintiff's costs and attorney fees incurred because of the removal.
Levi Lowe, an Australian investor, sued National Australian Bank in federal court alleging securities fraud based entirely on conduct in Australia. The defendants moved to dismiss. The court dismissed the action because the claims did not arise under domestic federal law and therefore fell outside federal subject-matter jurisdiction.
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Logan Lane sued the Secretary of State seeking a passport notation listing Israel as his birthplace. The district court dismissed the suit. The court held that resolving the claim would require deciding the political status of Jerusalem, a matter outside judicial competence and therefore beyond subject-matter jurisdiction.
Lucy Liu, a state university employee, sued the Florida Board of Regents in federal court under the ADEA. The Board moved to dismiss. The court granted the motion because the Eleventh Amendment barred the federal claim and therefore the court lacked subject-matter jurisdiction over the action.
Lena Lawson sued a state agency seeking injunctive relief. After the agency voluntarily changed its policy, Lawson sought attorney fees as a prevailing party. The court denied fees because the voluntary change did not produce a judicially sanctioned alteration in the parties' legal relationship and therefore the court lacked subject-matter jurisdiction to award fees.
Lance Lee challenged the House of Representatives' refusal to seat him. The House moved to dismiss. The court dismissed the action because the Constitution commits the issue of membership qualifications to Congress alone, placing the dispute outside the judicial power and depriving the court of subject-matter jurisdiction.
A party may raise lack of subject matter jurisdiction at any time before final judgment. The defect is never waived and may be noticed by the court on its own motion.
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The court must remand the case to state court. The remand order is generally not reviewable on appeal.
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Yes. The permanent-resident exception treats the alien as a citizen of that state, eliminating complete diversity and depriving the federal court of subject-matter jurisdiction.
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No. Jurisdiction depends on the plaintiff's well-pleaded complaint. A federal issue raised only as a defense does not confer subject-matter jurisdiction.
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Yes, when the state and federal claims form part of the same case or controversy. The court may exercise supplemental jurisdiction over the state claim.
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…really were; and that National and its chief executive officer were aware of this deception. Respondents moved to dismiss for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1) and for failure to state a claim under Rule 12(b)(6). The District Court granted the former motion, finding no jurisdiction because the…