Grace Lontz Beverly Pettit v. Joyce Tharp Elizabeth Doak James Baish Sandeep Thakrar Monica, Llc, D/B/A Holiday Inn Express, 413 F.3d 435 (4th Cir. 2005). · Go Syfert
Grace Lontz Beverly Pettit v. Joyce Tharp Elizabeth Doak James Baish Sandeep Thakrar Monica, Llc, D/B/A Holiday Inn Express, 413 F.3d 435 (4th Cir. 2005). Cases Citing This Book View Copy Cite
440 citation events (440 in the last 25 years) across 31 distinct courts.
Strongest positive: Tammy Skidmore v. Norfolk Southern Railway Co (ca4, 2021-06-14)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Tammy Skidmore v. Norfolk Southern Railway Co (4×) also: Cited as authority (rule), Cited "see"
4th Cir. · 2021 · quote attribution · 1 verbatim quote · confidence high
even if ordinary preemption forms the very core of the litigation, it is insufficient for removal.
discussed Cited as authority (verbatim quote) Kofa v. Marshall
D.S.C. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
merely having a federal defense to a state law claim is insufficient to support removal, since it would also be insufficient for federal question jurisdiction in the first place.
examined Cited as authority (verbatim quote) Woodard-Hall v. STP Nuclear Operating Company DO NOT DOCKET. CASE HAS BEEN REMANDED. (3×) also: Cited as authority (rule), Cited "see"
S.D. Tex. · 2020 · quote attribution · 1 verbatim quote · confidence high
the sine qua non of complete preemption is a pre- existing federal cause of action that can be brought in the district courts.
discussed Cited as authority (verbatim quote) Ross v. Prudential Insurance Company of America
S.D.W. Va · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
since diversity always vests original jurisdiction in the district courts, diversity also generates removal jurisdiction.
discussed Cited as authority (verbatim quote) Stogsdill v. Spears
S.D.W. Va · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
since diversity always vests original jurisdiction in the district courts, diversity also generates removal jurisdiction.
discussed Cited as authority (verbatim quote) Kessler v. Fay Servicing, LLC
S.D.W. Va · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
since diversity always vests original jurisdiction in the district courts, diversity also generates removal jurisdiction.
examined Cited as authority (verbatim quote) Ruby v. Sandia Corp. (2×) also: Cited as authority (rule)
D.N.M. · 2010 · signal: see · quote attribution · 1 verbatim quote · confidence high
defendants seeking removal under the doctrine of complete preemption bear a significant burden ... and as courts must construe removal strictly, reasonable doubts must be resolved against the complete preemption basis for it.
discussed Cited as authority (verbatim quote) New Orleans & Gulf Coast Railway Co. v. Barrois
5th Cir. · 2008 · quote attribution · 1 verbatim quote · confidence high
complete preemption,' which creates federal removal jurisdiction, differs from more common 'ordinary preemption' (also known as 'conflict preemption'), which does not.
examined Cited as authority (verbatim quote) Nordan v. Blackwater Security Consulting, LLC (5×) also: Cited as authority (rule), Cited "see"
E.D.N.C. · 2005 · signal: see · quote attribution · 1 verbatim quote · confidence high
congress's allocation of authority to a agency and away from district courts defeats a complete preemption claim.
examined Cited as authority (rule) Michael Barnhill v. Mountain Valley Pipeline, LLC, et al. (3×)
S.D.W. Va · 2026 · confidence medium
Lontz v. Tharp, 413 F.3d 435, 439-40 (4th Cir. 2005)).
discussed Cited as authority (rule) Bloosurf, LLC v. T-Mobile USA, Inc.
4th Cir. · 2026 · confidence medium
To the contrary, this Court has long held that the sort of “ordinary preemption” at issue here is not a “jurisdictional doctrine” because it “simply declares the primacy of federal law, regardless of the forum.” Lontz v. Tharp, 413 F.3d 435, 440 (4th Cir. 2005) (quotation marks removed); see Johnson 6 USCA4 Appeal: 25-1412 Doc: 44 Filed: 03/19/2026 Pg: 7 of 13 v. American Towers, LLC, 781 F.3d 693 , 701–03 (4th Cir. 2015) (so holding about preemption claims based on the Communications Act).
discussed Cited as authority (rule) Meral Cengiz v. Joanne Lang (2×) also: Cited "see"
E.D. Va. · 2026 · confidence medium
Lontz v. Tharp, 413 F.3d 435, 439 (4th Cir. 2005) (citing King v. Marriott Int’l, Inc., 337 F.3d 421, 424 (4th Cir. 2003)).
discussed Cited as authority (rule) City of Lee’s Summit, Missouri v. Jackson County, Missouri (2×)
W.D. Mo. · 2026 · confidence medium
Grounded in the Supremacy Clause, ordinary preemption “simply declares the primary of federal law, regardless of the forum or the claim.” Lontz v. Tharp, 413 F.3d 435, 440 (4th Cir. 2005).
discussed Cited as authority (rule) Sondra Bristow Twitty, on behalf of herself and all others similarly situated v. Sandhills Medical Foundation, Inc.
D.S.C. · 2026 · confidence medium
Removal from state court is proper only if the federal district court would have had original jurisdiction over the action at the time of removal. 28 U.S.C. § 1441 (a); Lontz v. Tharp, 413 F.3d 435, 439 (4th Cir. 2005).
examined Cited as authority (rule) Thomas Michael Tolbert, Jr. v. Dominion Energy, Inc. (3×) also: Cited "see"
E.D. Va. · 2025 · confidence medium
Complete Versus Ordinary Preemption There are two types of preemption that, despite their linguistic relation, are “not as close kin jurisprudentially as their names suggest.” Lontz v. Tharp, 413 F.3d 435, 441 (4th Cir. 2005).1 Complete preemption is a “jurisdictional doctrine,” while ordinary preemption simply declares the primacy of federal law, regardless of the forum or claim.
examined Cited as authority (rule) Simms Showers LLP v. Jones (5×) also: Cited "see, e.g."
D. Maryland · 2025 · confidence medium
Bank v. Anderson, 539 U.S. 1 , 8 (2003) (“When the federal statute completely pre-empts the state-law cause of action, a claim which comes within the scope of that cause of action, even if pleaded in terms of state law, is in reality based on federal law.”), with Lontz v. Tharp, 413 F.3d 435, 439 (4th Cir. 2005) (referring to complete preemption as an “exception to the well-pleaded complaint rule”).
discussed Cited as authority (rule) Traynor v. American Airlines, Inc.
E.D.N.C. · 2025 · confidence medium
This court has an “obligation to construe removal jurisdiction strictly because of the significant federalism concerns implicated by it.” Lontz v. Tharp, 413 F.3d 435, 440 (4th Cir. 2005).1 Accordingly, “[i]f federal jurisdiction is doubtful, a remand is necessary.” Mulcahey, 29 F.3d at 151 .
cited Cited as authority (rule) Bevacqua v. Hillsboro Aero Academy, LLC
D. Or. · 2025 · confidence medium
While field preemption and complete preemption are “linguistically related, they are not as close kin jurisprudentially as their names suggest.” Lontz v. Tharp, 413 F.3d 435, 440 (4th Cir. 2005).
discussed Cited as authority (rule) Pollard v. Equifax Information Services LLC
D. Maryland · 2025 · confidence medium
To the extent this argument is wielded -in defense of remand, it bears noting that “[e]ven if there is an available defense of preemption to a plaintiff's state claims, a [m]otion to [r]emand is not granted unless there is complete preemption.” Pollard, 2024 WL 4696617 , at *2 (emphasis added) (citing Loniz v. Tharp, 413 F.3d 435, 440 (4th.
discussed Cited as authority (rule) KERR v. INGERSOLL-RAND INDUSTRIAL U.S., INC.
M.D.N.C. · 2025 · confidence medium
There is a presumption against a finding of complete preemption, Lontz v. Tharp, 413 F.3d 435, 440 (4th Cir. 2005), and in describing the “exacting standards” that must be met to find complete preemption, “the [Supreme] Court in Beneficial emphasized that the preempting statute must not only create a federal cause of action, but must also show that Congress intended it to ‘provide the exclusive cause of action’ for claims of overwhelming national interest.” Id. at 441 (quoting Beneficial, 539 U.S. at 9, 11.) Thus, [D]efendants seeking removal under the doctrine of complete preempti…
discussed Cited as authority (rule) The Department of Transportation of the State of Illinois v. Union Pacific Railroad Company
S.D. Ill. · 2024 · confidence medium
Substitute Federal Cause of Action – Step 2 “The sine qua non of complete preemption is a pre-existing federal cause of action that can be brought in district courts.” Smart, 562 F.3d at 806 (quoting Lontz v. Tharp, 413 F.3d 435, 442-43 (4th Cir. 2005) (emphasis in original)).
cited Cited as authority (rule) Whittman v. MGM National Harbor LLC
D. Maryland · 2024 · confidence medium
Lontz v. Tharp, 413 F.3d 435, 439 (4th Cir. 2005).
discussed Cited as authority (rule) Tvelia v. Barnwell County
D.S.C. · 2024 · confidence medium
Under the well-pleaded complaint rule, “[s]tate law complaints usually must stay in state court when they assert what appear to be state law claims.” Lontz v. Tharp, 413 F.3d 435, 440 (4th Cir. 2005).
cited Cited as authority (rule) Young v. Western-Southern Agency, Inc.
S.D.W. Va · 2024 · confidence medium
Co., 1 F.4th 206, 218 (4th Cir. 2021) (quoting Lontz v. Tharp, 413 F.3d 435, 441 (4th Cir. 2005) (cleaned up)).
cited Cited as authority (rule) The North Carolina State Bar v. McDaniel
E.D.N.C. · 2024 · confidence medium
See 28 U.S.C. § 1441 (a); Lontz v. Tharp, 413 F.3d 435, 439 (4th Cir. 2005).
discussed Cited as authority (rule) Johnson v. Ng
E.D. Va. · 2024 · confidence medium
The Fourth Circuit recognizes that removal “is appropriate if the face of the complaint raises a federal question,” but that “merely having a federal defense to a state law claim is insufficient to support removal.” Lontz v. Tharp, 413 F.3d 435, 439 (4th Cir, 2005), Here, Defendant argues that the January 2024 Order first implicated a federal question because it failed to give full faith and credit to Defendant’s alleged common law marriage.
cited Cited as authority (rule) Stewart v. Truist Financial
D. Maryland · 2024 · confidence medium
Lontz v. Tharp, 413 F.3d 435, 439 (4th Cir. 2005).
cited Cited as authority (rule) Haynes v. Rocky Mount Cycles, Inc.
E.D.N.C. · 2024 · confidence medium
See 28 U.S.C. § 1441 (a); Lontz v. Tharp, 413 F.3d 435, 439 (4th Cir. 2005).
discussed Cited as authority (rule) Mayor and City Council of Baltimore v. Philip Morris USA, Inc. (2×)
D. Maryland · 2024 · confidence medium
Philip Morris asserts that Plaintiff’s state law claims are completely preempted by the Administrative Procedure Act (“APA”) and the TCA, because the APA and FDA regulations provide the “‘exclusive cause of action’ for presenting objections to the regulations governing the design and labeling of cigarettes, which are matter of ‘overwhelming national interest.” (ECF No. 38 at 20-21) (quoting Lontz v. Tharp, 413 F.3d 435, 441 (4th Cir. 2005)).
discussed Cited as authority (rule) Zayo Group, LLC v. Norfolk Southern Railway Company (2×)
4th Cir. · 2023 · confidence medium
Further, this court “review[s] de novo the question of whether Plaintiffs’ state law claims are completely preempted.” Lontz v. Tharp, 413 F.3d 435, 439 (4th Cir. 2005) (quoting Felix v. Lucent Techs., Inc., 387 F.3d 1146, 1153 (10th Cir. 2004)).
discussed Cited as authority (rule) Wazney v. Wazney
D.S.C. · 2023 · confidence medium
Mr. Wazney claims removal is based on “Federal Question Jurisdiction because a federal question has manifested upon the Defendant[’]s notice of other papers dated June 23, 2023.” (DE 1, p. 1.) Mr. Wazney’s removal notice captions the State court case as case number 2021-DR-43-001168, and he indicates that the “other papers” he received on June 23, 2023, are “Appellate Case No. 2023- 000013, and 2023-000014, and 2023-000019[.]” (Id. at 1, 4.) Federal Courts have held that “removal is appropriate if the face of the complaint raises a federal question.” Lontz v. Tharp, 413 F.3…
discussed Cited as authority (rule) Kallas v. Thompson
N.D. Ind. · 2023 · confidence medium
Whereas “complete preemption is a ‘jurisdictional doctrine,’...’ordinary preemption simply declares the primacy of federal law, regardless of the forum or the claim.’” Id., quoting Lontz v. Tharp, 413 F.3d 435, 440 (4th Cir. 2005).
discussed Cited as authority (rule) Tirva v. Hilton Spencerport Express, Inc.
N.D. Ind. · 2023 · confidence medium
Whereas “complete preemption is a ‘jurisdictional doctrine,’...’ordinary preemption simply declares the primacy of federal law, regardless of the forum or the claim.’” Id., quoting Lontz v. Tharp, 413 F.3d 435, 440 (4th Cir. 2005).
examined Cited as authority (rule) Risdorfer v. Ascentage Pharma Group Inc. (3×) also: Cited "see, e.g."
D. Maryland · 2023 · confidence medium
Indeed, the Fourth Circuit recognizes a presumption against complete preemption, and it may only be rebutted when “federal law . . . ‘displace[s] entirely any state cause of action.’” Lontz, 413 F.3d at 440 (alteration in Lontz) (quoting Franchise Tax Bd., 463 U.S. at 23 ).
discussed Cited as authority (rule) Garnes v. Encova Insurance Agency, Inc.
S.D.W. Va · 2023 · confidence medium
Under the well-pleaded complaint rule, “removal is appropriate if the face of the complaint raises a federal question.” Lontz v. Tharp, 413 F.3d 435, 439 (4th Cir. 2005). “[T]he presence or absence of federal question jurisdiction is governed by the ‘well-pleaded complaint rule,’ . . . without consideration of any potential defenses.” Harless v. CSX Hotels, Inc., 389 F.3d 444, 450 (4th Cir. 2004) (citing Aetna Health, Inc. v. Davila, 542 U.S. 200, 207 (2004)).
cited Cited as authority (rule) Hainey v. SAG-AFTRA Health Plan
D. Maryland · 2023 · confidence medium
Co., 1 F.4th 206, 218 (4th Cir. 2021) (quoting Lontz v. Tharp, 413 F.3d 435, 441 (4th Cir. 2005)).
discussed Cited as authority (rule) Grid Networks LLC v. Quantum Leap Research,LLC
E.D. Va. · 2023 · confidence medium
Analysis of federal question jurisdiction upon removal is guided by the well-pleaded complaint rule, under which “removal [to federal court] is appropriate if the face of the complaint raises a federal question.” Lontz v. Tharp, 413 F.3d 435, 439 (4th Cir. 2005).
examined Cited as authority (rule) Alston v. Baltimore Gas & Electric Company (4×) also: Cited "see", Cited "see, e.g."
D. Maryland · 2023 · confidence medium
The Fourth Circuit recognizes a presumption against complete preemption, and it may only be rebutted in the rare circumstances where “federal law . . . ‘displace[s] entirely any state cause of action.’” Lontz, 413 F.3d at 440 (alteration in Lontz) (quoting Franchise Tax Bd., 463 U.S. at 23 ).
discussed Cited as authority (rule) Alderman v. ADT, LLC
S.D.W. Va · 2023 · confidence medium
One source of original jurisdiction is 28 U.S.C. § 1331 , which provides “[t]he district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.” 28 U.S.C. § 1331 . “[R]emoval is appropriate if the face of the complaint raises a federal question.” Lontz v. Tharp, 413 F.3d 435, 439 (4th Cir. 2005).
discussed Cited as authority (rule) Vanderbilt Mortgage and Finance, Inc. v. Brooke
D. Maryland · 2022 · confidence medium
Even assuming, then, that Defendant wishes to use those statutes to defend against Vanderbilt’s state law claim, “merely having a federal defense to a state law claim is insufficient to support removal.” Lontz v. Tharp, 413 F.3d 435, 439 (4th Cir. 2005); see also Franchise Tax Bd. v. Constr.
discussed Cited as authority (rule) C Evans Consulting LLC v. Sortino Financial, LLC
D. Maryland · 2022 · confidence medium
If there is complete preemption, “the federal claim is treated as if it appears on the face of the complaint . . . thereby justifying removal.” Lontz v. Tharp, 413 F.3d 435, 441 (4th Cir. 2005). “[C]omplete preemption thus prevents plaintiffs from ‘defeat[ing] removal by omitting to plead necessary federal questions.’” Id. at 440 (quoting Franchise Tax Bd. v. Constr.
examined Cited as authority (rule) Mayor and City Council of Baltimore v. BP P.L.C. (4×) also: Cited "see", Cited "see, e.g."
4th Cir. · 2022 · confidence medium
In contrast, ordinary preemption is not a jurisdictional doctrine because it “simply declares the primacy of federal law, regardless of the forum or the claim.” 2 Lontz v. Tharp, 413 F.3d 435, 440 (4th Cir. 2005) (citation omitted).
cited Cited as authority (rule) Richards v. NewRez, LLC
D. Maryland · 2022 · confidence medium
Lontz v. Tharp, 413 F.3d 435, 441 (4th Cir. 2005); see Wurtz v. Rawlings Co., LLC, 761 F.3d 232, 238 (2d Cir. 2014).
discussed Cited as authority (rule) GULF STATES AIRCRAFT SALES, LLC v. AIRPLANE HOLDING, LLC
M.D.N.C. · 2022 · confidence medium
Because a removing defendant must establish that the district court has “original jurisdiction” under § 1441(a), the critical inquiry is “whether [the] claim could have been brought originally in federal district court.” Lontz v. Tharp, 413 F.3d 435, 439 (4th Cir. 2005) (quoting King v. Marriott Int’l, Inc., 337 F.3d 421, 424 (4th Cir. 2003)).
discussed Cited as authority (rule) Wesley Housing Development Corporation of Northern Virginia v. SunAmerica Housing Fund 1171
E.D. Va. · 2021 · confidence medium
Analysis of federal question jurisdiction in removal disputes is guided by the well-pleaded complaint rule, under which “removal [to federal court] is appropriate if the face of the complaint raises a federal question.” Lontz v. Tharp, 413 F.3d 435, 439 (4th Cir. 2005).
cited Cited as authority (rule) Edgecombe County Social Services v. Wallace
E.D.N.C. · 2021 · confidence medium
See 28 U.S.C. § 1441 (a); Lontz v. Tharp, 413 F.3d 435, 439 (4th Cir. 2005).
cited Cited as authority (rule) Cotton v. City of Charleston
S.D.W. Va · 2020 · confidence medium
Accordingly, under the well-pleaded complaint rule, “removal is appropriate if the face of the complaint raises a federal question.” Lontz v. Tharp, 413 F.3d 435, 439 (4th Cir. 2005).
cited Cited as authority (rule) Howard Bank v. Compu-Link Corporation
D. Maryland · 2020 · confidence medium
Consulting, LLC, 460 F.3d 576 , 583 (4th Cir. 2006); see Strawn, 530 F.3d at 296 ; Lontz v. Tharp, 413 F.3d 435, 440 (4th Cir. 2005).
discussed Cited as authority (rule) North Carolina Baptist Hospitals, Inc. v. Dula
W.D.N.C. · 2020 · confidence medium
Lontz v. Tharp, 413 F.3d 435, 441 (4th Cir. 2005) (citing Beneficial Nat.
cited Cited as authority (rule) RICHARDSON v. CITY OF DURHAM
M.D.N.C. · 2020 · confidence medium
Lontz v. Tharp, 413 F.3d 435, 439-40 (4th Cir. 2005).
Retrieving the full opinion text from the archive…
Grace LONTZ; Beverly Pettit, Plaintiffs-Appellants,
v.
Joyce THARP; Elizabeth Doak; James Baish; Sandeep Thakrar; Monica, LLC, D/B/A Holiday Inn Express, Defendants-Appellees
04-1967.
Court of Appeals for the Fourth Circuit.
Jul 1, 2005.
413 F.3d 435
2005 U.S. App. LEXIS 13138
2005 WL 1539282
ARGUED: Paul Joseph Harris, Wheeling, West Virginia, for Appellants. Mario Richard Bordogna, Steptoe & Johnson, Clarksburg, West Virginia, for Appellees. ON BRIEF: John R. Merinar, Jr., Step-toe & Johnson, Clarksburg, West Virginia, for Appellees.
Wilkinson, Luttig, Traxler.
Cited by 163 opinions  |  Published
Pinpoint authority: bottom 53%

Vacated and remanded with instructions by published opinion. Judge[*438] WILKINSON wrote the opinion, in which Judge LUTTIG and Judge TRAXLER joined.

OPINION

WILKINSON, Circuit Judge.

The phrase “complete preemption” has become a term of art. It refers to that “small category of statutes that ... ‘authorize] removal of actions that sought relief only under state law.’ ” Alongi v. Ford Motor Co., 386 F.3d 716, 724 (6th Cir.2004) (quoting Beneficial Nat’l Bank v. Anderson, 539 U.S. 1, 6-7, 123 S.Ct. 2058, 156 L.Ed.2d 1 (2003)). In this case we consider whether state wrongful discharge claims are completely preempted by the National Labor Relations Act, 29 U.S.C. §§ 157, 158 (2000). We conclude that they are not. We express no view as to whether such claims on the merits are preempted by federal law, as this is a question for state courts to resolve. We accordingly vacate the judgment of the district court and remand with instructions to remand the case in turn to state court.

I.

Grace Lontz and Beverly Pettit were employed as hotel supervisors at a Holiday Inn Express in Dallas Pike, West Virginia. Some of the employees at the hotel initiated union-organizing activities in 2003. Pettit alleges that management, convinced that she had assisted and encouraged the activities, fired her on July 2, 2003.

Lontz alleges that members of management “met with [her] and instructed her to seek the assistance of a deputy sheriff, (a friend of [hers]) and have a union organizer arrested.” Lontz refused. Thereafter, she claims, management “created an intolerable work environment” for her. Lontz says that she resigned on October 8, 2003, for this reason.

Later in October, Lontz and Pettit jointly brought suit in West Virginia state court, naming as defendants their former employer, Monica, LLC (the entity operating the Holiday Inn Express), and four members of its management. Plaintiffs’ claims sounded entirely in state law. Pet-tit and Lontz alleged respectively wrongful discharge and constructive discharge “in violation of the public policy of the State of West Virginia” and contrary to W. Va. Code § 21-1A-1 (Michie 2002). Lontz also alleged a violation of the West Virginia Wage Payment and Collection Act, W. Va.Code § 21-5-1 et seq. *

Defendants removed the case to the U.S. District Court for the Northern District of West Virginia. They subsequently filed a motion to dismiss, and the plaintiffs filed a motion to remand the case to state court. On July 1, 2004, the district court dismissed the wrongful and constructive discharge claims but remanded the statutory wage payment claim. The district court concluded that the discharge claims were not brought under state law, but rather alleged violations of sections 7 and 8 of the National Labor Relations Act (“NLRA”), 29 U.S.C. §§ 157, 158 (2000), which it felt sufficient for federal jurisdiction. In other words, the district court concluded that the putative state law[*439] claims were completely preempted by the NLRA. It was on this basis that the district court noted that the complaint “allege[d] violations of federal law,” making removal jurisdiction proper. Having assumed jurisdiction on these grounds, the district court further observed that claims under sections 7 and 8 are channeled exclusively to -the NLRB. The court therefore dismissed the discharge claims.

Lontz and Pettit timely filed a notice of appeal. They argue that the case was improperly removed, and therefore seek a remand to the state court in which the claims were filed. Like all questions implicating the subject matter jurisdiction of the federal courts, we review de novo the denial of a motion to remand to state court. Dixon v. Coburg Dairy, Inc., 369 F.3d 811, 815-16 (4th Cir.2004) (en banc); Sonoco Prods. Co. v. Physicians Health Plan, Inc., 338 F.3d 366, 370 (4th Cir.2003). In particular, “[w]e review de novo the question of whether Plaintiffs’ state law claims are completely preempted.” Felix v. Lucent Techs., Inc., 387 F.3d 1146, 1153 (10th Cir.2004).

II.

Because this case began in state court, our jurisdiction depends on the propriety of removal, which in turn depends on the scope of the district court’s original jurisdiction. This is because the removal statute allows defendants to remove a case to federal court only if “the district courts of the United States have original jurisdiction” over it. 28 U.S.C. § 1441(a) (2000); Rivet v. Regions Bank of La., 522 U.S. 470, 474, 118 S.Ct. 921, 139 L.Ed.2d 912 (1998). The question, then, is “whether [this] claim could have been brought originally in federal district court.” King v. Marriott Int’l, Inc., 337 F.3d 421, 424 (4th Cir.2003). To answer it, we observe that § 1441 generally makes removal appropriate in three circumstances, demonstration of which is the burden of the party seeking removal. See Mulcahey v. Columbia Organic Chems. Co., 29 F.3d 148, 151 (4th Cir.1994).

First, a defendant may remove a case to federal court if the parties are diverse and meet the statutory requirements for diversity jurisdiction. See 28 U.S.C. §§ 1332, 1441(b) (2000); Richardson v. Kruchko & Fries, 966 F.2d 153, 155 (4th Cir.1992) (federal jurisdiction over claim of retaliatory discharge for pro-union activities “based on diversity of citizenship”). Since diversity always vests original jurisdiction in the district courts, diversity also generates removal jurisdiction.

Second, removal is appropriate if the face of the complaint raises a federal question. See § 1441(b); King, 337 F.3d at 424. Under the firmly settled well-pleaded complaint rule, however, merely having a federal defense to a state law claim .is insufficient to support removal, since it would also be insufficient for federal question jurisdiction in the first place. See Louisville & Nashville R.R. v. Mottley, 211 U.S. 149, 152, 29 S.Ct. 42, 53 L.Ed. 126 (1908); King, 337 F.3d at 424. Thus, the Supreme Court unwaveringly has maintained that “[t]o bring a case within [§ 1441], a right or immunity created by the Constitution or laws of the United States must be an element, and an essential one, of the plaintiffs cause of action.” Gully v. First Nat’l Bank, 299 U.S. 109, 112, 57 S.Ct. 96, 81 L.Ed. 70 (1936).

The third justification for removal is actually a narrow exception to the well-pleaded complaint rule. “[K]nown as the ‘complete preemption’ doctrine,” Caterpillar Inc. v. Williams, 482 U.S. 386, 393, 107 S.Ct. 2425, 96 L.Ed.2d 318 (1987), it provides that if the subject matter of a putative state law claim has been totally sub[*440] sumed by federal law — such that state law cannot even treat on the subject matter— then removal is appropriate. See Aetna Health Inc. v. Davila, 542 U.S. 200, 124 S.Ct. 2488, 2494-95, 159 L.Ed.2d 312 (2004); Franchise Tax Board v. Construction Laborers Vacation Trust, 463 U.S. 1, 23-24, 103 S.Ct. 2841, 77 L.Ed.2d 420 (1983); King, 337 F.3d at 424-25. Although completely preempted claims are rare, they are held to satisfy the well-pleaded complaint requirements of Mottley and Gully.

Neither party believes that diversity exists or that the complaint explicitly raises a federal question. We therefore turn to complete preemption.

III.

We have noted our obligation “to construe removal jurisdiction strictly because of the ‘significant federalism concerns’ implicated” by it. Maryland Stadium Auth. v. Ellerbe Becket Inc., 407 F.3d 255, 260 (4th Cir.2005) (quoting Mulcahey, 29 F.3d at 151). “Federalism concerns strongly counsel against imputing to Congress an intent to displace a whole panoply of state law ... absent some clearly expressed direction.” Custer v. Sweeney, 89 F.3d 1156, 1167 (4th Cir.1996) (internal quotes omitted). Consistent with these principles, we have recognized that state law complaints usually must stay in state court when they assert what appear to be state law claims. See, e.g., Harless v. CSX Hotels, Inc., 389 F.3d 444, 450 (4th Cir.2004); King, 337 F.3d at 424; Darcangelo v. Verizon Communications, Inc., 292 F.3d 181, 186 (4th Cir.2002); Cook v. Georgetown Steel Corp., 770 F.2d 1272, 1274 (4th Cir.1985). The presumption, in other words, is against finding complete preemption. Custer, 89 F.3d at 1167.

But that presumption is rebut-table, because federal law occasionally “displacéis] entirely any state cause of action.” Franchise Tax Board, 463 U.S. at 23, 103 S.Ct. 2841. When it does, federal law then “provide[s] the exclusive cause of action for such claims,” and therefore “there is ... no such thing as a state-law claim” in the regulated area. Beneficial, 539 U.S. at 11, 123 S.Ct. 2058. The doctrine of complete preemption thus prevents plaintiffs from “defeating] removal by omitting to plead necessary federal questions.” Franchise Tax Board, 463 U.S. at 22, 103 S.Ct. 2841. It thereby ensures compliance with congressional intent that federal courts be available to resolve certain claims which are peculiarly national in scope. Defendants’ burden, then, is to demonstrate that a federal statute indisputably displaces any state cause of action over a given subject matter.

In assessing whether defendants have carried their burden, we may not conflate “complete preemption” with “conflict” or “ordinary” preemption. While these two concepts are linguistically related, they are not as close kin jurispru-dentially as their names suggest. Complete preemption is a “jurisdictional doctrine,” while ordinary preemption simply declares the primacy of federal law, regardless of the forum or the claim. Sonoco Prods., 338 F.3d at 370-71. Ordinary preemption has been categorized as a federal “defense to the allegations.” Caterpillar, 482 U.S. at 392, 107 S.Ct. 2425. And as a mere defense, the “preemptive effect of a federal statute ... will not provide a basis for removal.” Beneficial, 539 U.S. at 6, 123 S.Ct. 2058 (internal citations omitted). See also Rivet, 522 U.S. at 475-76, 118 S.Ct. 921; Caterpillar, 482 U.S. at 392-93, 107 S.Ct. 2425; Metro. Life Ins. Co. v. Taylor, 481 U.S. 58, 66, 107 S.Ct. 1542, 95 L.Ed.2d 55 (1987) (“even an ‘obvious’ pre-emption defense does not, in most cases, create removal jurisdiction”);[*441] Franchise Tax Board, 463 U.S. at 14, 28, 103 S.Ct. 2841. Even if preemption forms the very core of the litigation, it is insufficient for removal. Caterpillar, 482 U.S. at 393, 107 S.Ct. 2425.

By contrast, when complete preemption exists, there is “no such thing” as the state action, Beneficial, 539 U.S. at 11, 123 S.Ct. 2058, since the federal claim is treated as if it appears on the face of the complaint because it effectively displaces the state cause of action. Complete preemption thus “transformas] the plaintiffs state-law claims into federal claims.” Rivet, 522 U.S. at 476, 118 S.Ct. 921. Since the complaint is then understood to state a federal question, the well-pleaded complaint rule is satisfied, thereby justifying removal under § 1441(b).

Recognizing that complete preemption undermines the plaintiffs traditional ability to plead under the law of his choosing, the Supreme Court has made clear that it is “reluctant” to find complete preemption. Metro. Life, 481 U.S. at 65. The Court has, in fact, found complete preemption in only three statutes. See Beneficial, 539 U.S. at 10-11, 123 S.Ct. 2058 (National Bank Act); Metro. Life, 481 U.S. at 66-67, 107 S.Ct. 1542 (ERISA § 502(a)); Avco Corp. v. Aero Lodge No. 735, Int’l Ass’n of Machinists, 390 U.S. 557, 560, 88 S.Ct. 1235, 20 L.Ed.2d 126 (1968) (Labor Management Relations Act (“LMRA”) § 301). Unsurprisingly, therefore, the Court has articulated exacting standards that must be met before it will find complete preemption. Most notably, the congressional intent that state law be entirely displaced must be clear in the text of the statute. See Metro. Life, 481 U.S. at 65-66, 107 S.Ct. 1542.

In fact, the Court in Beneficial emphasized that the preempting statute must not only create a federal cause of action, but must also show that Congress intended it to “provide the exclusive cause of action” for claims of overwhelming national interest. Beneficial, 539 U.S. at 9, 11, 123 S.Ct. 2058 (emphasis added). In finding that the National Bank Act completely preempted state law governing interest rates, Beneficial stressed that national banks were the subject of unique national concern. Such banks are, after all, chartered at the national level and explicitly not governed by state law. Id. at 10, 123 S.Ct. 2058. Under these circumstances, federal law alone regulates the interest charged by national banks, extinguishing — that is, completely preempting — state regulation of the same subject. Id. at 10-11, 123 S.Ct. 2058.

This view of the complete preemption doctrine is consistent with our approach in Rosciszewski v. Arete Associates, Inc., 1 F.3d 225 (4th Cir.1993). In that case, we concluded that the Copyright Act, 17 U.S.C. § 301(a), completely preempted the state law claims that had been brought. We recognized, as Beneficial did in its context, the statutory text’s insistence on exclusive, uniform national regulation of copyright. Rosciszewski, 1 F.3d at 229, 232. And like Beneficial, we made clear that “the focus of our inquiry must be congressional intent.” Id. at 231.

Nothing in Beneficial or Roscisz-ewski altered the general principle that defendants seeking removal under the doctrine of complete preemption bear a significant burden. They must establish congressional intent to extinguish similar state claims by making the federal cause of action exclusive. And as we must construe removal strictly, reasonable doubts must be resolved against the complete preemption basis for it. Maryland Stadium Auth., 407 F.3d at 260.

[*442] IV.

We now apply these standards to the present ease. Defendants argue that the state court lacks jurisdiction because the state law claims should be recharacter-ized as deriving from sections 7 and 8 of the National Labor Relations Act. Those provisions concern employees’ protected “concerted activities,” 29 U.S.C. § 157, and regulate the ability of employers or labor organizations to engage in “unfair labor practices,” id. § 158.

Preemption under those sections is known as “Garmon preemption,” named for the Supreme Court case which clarified that “[w]hen an activity is arguably subject to § 7 or § 8 of the Act, the States as well as the federal courts must defer to the exclusive competence of the National Labor Relations Board.... ” San Diego Bldg. Trades Council v. Garmon, 359 U.S. 236, 245, 79 S.Ct. 773, 3 L.Ed.2d 775 (1959). However, defendants’ deployment of this principle proves too much. Garmon may strip state courts of adjudicatory authority, but in the very same breath it also deprives federal courts of that authority. Indeed, the same “exclusive competence” of the NLRB which divests state courts of original jurisdiction over claims subject to sections 7 and 8 also divests federal courts of such jurisdiction.

If this distinction amounted to deciding which court had the honor of dismissing the case, it might appear to be a dispute over trifles. But even if the structural allocation of authority could be dismissed as trivial, we think more is at stake. For instance, the removal-cum-dismissal urged by defendants is predicated on the assumption that sections 7 and 8 do in fact preempt the state law claims. But what if that assumption is faulty? Garmon itself made clear that not every state law claim that touches on sections 7 and 8 is in fact preempted. See Garmon, 359 U.S. at 247-48, 79 S.Ct. 773; see also Caterpillar, 482 U.S. at 396 n. 10, 107 S.Ct. 2425. If it turned out that the plaintiffs’ claims here are among those not preempted, removal and dismissal unconstitutionally deprive the plaintiffs of the opportunity to make their case, and deprive West Virginia of the right to vindicate its own non-preempted laws.

The district court held that this was one of those cases in which state law was indeed preempted. But that this conclusion had to be made is itself the best proof that strict adherence to the removal statute is more than mere formalism. The state court may, of course, ultimately share the district court’s view. But its ability to determine its own jurisdiction is a serious obligation, and not something that federal courts may easily take for themselves.

Fidelity to Supreme Court precedent and our own case law requires us to agree with our sister circuits that sections 7 and 8 do not completely preempt these claims. As noted, the sine qua non of complete preemption is a pre-existing federal cause of action that can be brought in the district courts. Beneficial, 539 U.S. at 9, 123 S.Ct. 2058; see also Metro. Life, 481 U.S. at 63, 107 S.Ct. 1542 (noting the “exclusive federal cause of action for resolution of such disputes”); Franchise Tax Board, 463 U.S. at 26, 103 S.Ct. 2841 (contrasting a non-completely preemptive statute with LMRA § 301, which “expressly supplied the plaintiff in Avco with a federal cause of action to replace its” state law claim); King, 337 F.3d at 425 (“a vital feature of complete preemption is the existence of a federal cause of action that replaces the preempted cause of action”).

Under this standard, sections 7 and 8 do not work to completely preempt the kind of state law claims that plaintiffs are pressing. Indeed, the contrast be[*443] tween sections 7 and 8 of the NLRA and provisions of the statutes with complete preemptive force is unmistakable. For instance, section 301 of the LMRA explicitly “provides that the federal district comis have plenary jurisdiction, without regard to citizenship or amount in controversy .... ” Alongi, 386 F.3d at 723 (emphasis added); see also Childers v. Chesapeake & Potomac Tel. Co., 881 F.2d 1259, 1262 (4th Cir.1989) (noting that section 301 provides federal jurisdiction). Similarly unlike sections 7 and 8, “[s]ection 502 of ERISA creates a civil cause of action,” King, 337 F.3d at 426, necessary for the complete preemption deriving from that provision. And the National Bank Act, 12 U.S.C. § 86 (2000), provides a cause of action for “a usury claim against a national bank.” Beneficial, 539 U.S. at 9, 123 S.Ct. 2058. In this case, we cannot find complete preemption if for no other reason than that Congress has not chosen to create a cause of action.

Other courts have considered the completely preemptive effect of sections 7 and 8 and “are uniform in finding that Garmon preemption under the NLRA does not completely preempt state laws so as to provide removal jurisdiction.” Felix, 387 F.3d at 1166. “[Sjtate law actions claimed to be preempted by sections 7 and 8 of the NLRA are not removable to federal court.” Ethridge v. Harbor House Rest., 861 F.2d 1389, 1400 (9th Cir.1988) (footnote omitted). “Nothing in the history of the Garmon doctrine suggests that state courts are incapable of determining their own jurisdiction.” Id. To the contrary, “Garmon-preemption analysis is one that the state courts are to undertake in the first instance.” Id.; see also Felix, 387 F.3d at 1165-66 (“Garmon preemption does not provide a basis for removal jurisdiction.”); Alongi v. Ford Motor Co., 386 F.3d 716, 723 (6th Cir.2004) (same); Kline v. Sec. Guards, Inc., 386 F.3d 246, 262 (3d Cir.2004) (same); United Ass’n of Journeymen & Apprentices v. Bechtel Power Corp., 834 F.2d 884, 886-87 (10th Cir.1987) (same); Sandoval v. New Mexico Tech. Group LLC, 174 F.Supp.2d 1224, 1233-35 (D.N.M.2001) (same).

That Congress’s allocation of authority to an agency and away from district courts defeats a complete preemption claim is further confirmed by the analogous situation in Opera Plaza Residential Parcel v. Hoang, 376 F.3d 831 (9th Cir.2004). Section 207 of the Telecommunications Act of 1996 undeniably has preemptive effect, but violations of its rules are within the exclusive jurisdiction of the FCC. Id. at 838-39. In Opera Plaza, the Ninth Circuit concluded that Congress had not created a federal cause of action, id. at 838, and that complete preemption was therefore unavailable, id. at 839.

Because sections 7 and 8 do not create a cause of action, the Supreme Court has always assumed, as we now hold, that Gar-mon preemption is a matter for the state courts to determine in those cases where federal jurisdiction cannot be independently established by some other means. The Court has twice stated as much in resolving other issues. In International Longshoremen’s Association v. Davis, 476 U.S. 380, 393, 106 S.Ct. 1904, 90 L.Ed.2d 389 (1986), the Court noted that “when a claim of Garmon preemption is raised, it must be considered and resolved by the state court.” In Caterpillar, the Court observed that “[t]he fact that a defendant might ultimately prove that a plaintiffs claims are preempted under the NLRA does not establish that they are removable to federal court.” 482 U.S. at 398, 107 S.Ct. 2425 (footnote omitted). It specifically noted that such preemption arguments “are questions that must be addressed in the first instance by the state court in which[*444] respondents filed their claims.” Id. at 398 n. 13, 107 S.Ct. 2425.

V.

Removal statutes do not create jurisdiction. They are instead a mechanism to enable federal courts to hear the cases that are already within their original jurisdiction. See Darcangelo, 292 F.3d at 186. Even though their ordinary preemptive power is great, sections 7 and 8 do not on their own terms confer federal jurisdiction and therefore cannot be the basis of removal through complete preemption.

We therefore hold that the district court lacked subject matter jurisdiction over this case, and thus had no basis to permit removal under § 1441. We vacate the judgment of the district court and remand with instructions to remand the case to state court.

VACATED AND REMANDED WITH INSTRUCTIONS

*

Lontz and Pettit also filed charges with the NLRB. They later concluded that as supervisory employees they lacked a remedy under the NLRA and that they therefore had been in error to file the charges. They withdrew them, and the regional director of the NLRB wrote to the employer in February 2004 noting that the charges had, “with [his] approval, been withdrawn.” The district court found NLRA preemption regardless of the plaintiffs' status as supervisory employees. We decline to address this question or to speculate on the effect of the withdrawn charges because our jurisdictional resolution renders these issues irrelevant.