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Source Subject Matter Jurisdiction Subject Matter Jurisdiction Matched to this deck.
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0 tracked cards Civil Procedure
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Question

Northstar Clinic fired Riley, a nurse, after Riley complained about staffing levels. Riley sued Northstar in federal district court. The complaint asserts only a state-law wrongful-discharge claim and alleges that Northstar will likely defend by arguing that federal Medicare regulations required the staffing decision. Riley asks the court to declare in advance that the anticipated federal defense is invalid.
Northstar moves to dismiss for lack of subject matter jurisdiction. Riley argues that the case belongs in federal court because the dispute will turn on the meaning of federal Medicare regulations and because Northstar has not objected to federal court until after answering.
Does the federal court have federal question jurisdiction? Discuss.

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