485 F. App'x 399
11th Cir.2012Background
- Ammedie, pro se, appeals a district court order granting Sallie Mae's Rule 12(b)(6) motion to dismiss for failure to respond.
- Ammedie's complaint, filed in state court and removed to federal court, did not specify a state-law or federal cause of action.
- Removal alleged federal question jurisdiction under complete preemption by the Higher Education Act (HEA), due to Ammedie's claim to recover a tax refund intercepted for student loan debt.
- The district court dismissed, holding lack of subject matter jurisdiction; the opinion vacates and remands to state court.
- Court holds HEA does not completely preempt; therefore federal jurisdiction did not attach, and removal to federal court was improper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether HEA complete preemption grants federal jurisdiction | Ammedie argues complete preemption existed via HEA. | Sallie Mae contends HEA may preempt only in limited areas. | No complete preemption; no federal jurisdiction on the face of the complaint. |
| Whether district court had subject matter jurisdiction at judgment | Plaintiff contends improper removal deprived state-court proceedings of proper forum. | Defendant maintains removal valid if jurisdiction existed. | Jurisdiction lacking; court vacates and remands. |
| Whether the case should be remanded to state court | Remand to state court was appropriate due to lack of federal jurisdiction. | No specific contrary position in opinion beyond jurisdictional analysis. | Remand to state court required. |
| Whether other bases (e.g., 28 U.S.C. § 1346; diversity) support federal jurisdiction | No other bases alleged establishing federal jurisdiction. | Not applicable to create jurisdiction here. | No jurisdiction under § 1346 or diversity; none established. |
Key Cases Cited
- Cotton v. Mass. Mut. Life Ins. Co., 402 F.3d 1267 (11th Cir. 2005) (complete preemption requires extraordinary preemptive force)
- Cliff v. Payco Gen. Am. Credits, Inc., 363 F.3d 1113 (11th Cir. 2004) (HEA does not occupy the field of debt collection; no complete preemption)
- Caterpillar Inc. v. Williams, 482 U.S. 386 (Supreme Court 1987) (removal cannot be defeated by a federal defense)
- Williams v. Best Buy Co., 269 F.3d 1316 (11th Cir. 2001) (review of jurisdiction when remand not pursued)
- Edge v. Sumter County Sch. Dist., 775 F.2d 1509 (11th Cir. 1985) (courts must notice lack of jurisdiction sua sponte)