Cook Inlet Region, Inc. v. Robert Rude, 690 F.3d 1127 (9th Cir. 2012). · Go Syfert
Cook Inlet Region, Inc. v. Robert Rude, 690 F.3d 1127 (9th Cir. 2012). Cases Citing This Book View Copy Cite
“any non-frivolous assertion of a federal claim suffices to establish federal 14 question jurisdiction, even if that claim is later dismissed on the merits.”
54 citation events (54 in the last 25 years) across 13 distinct courts.
Strongest positive: Zuniga v. Safeway, Inc. (cand, 2021-01-07)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 27 distinct citers. How cited ↗
discussed Cited as authority (quoted) Zuniga v. Safeway, Inc.
N.D. Cal. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
any non-frivolous assertion of a federal claim suffices to establish federal 14 question jurisdiction, even if that claim is later dismissed on the merits.
cited Cited as authority (rule) Cherrish Castaneda v. 6939 Fair Oaks Blvd TIC LLC
E.D. Cal. · 2025 · confidence medium
Cook Inlet Region, Inc. v. Rude, 690 F.3d 1127, 1131 (9th 3 Cir. 2012).
discussed Cited as authority (rule) Tequila Brown, et al. v. American Homes 4 Rent, LP, et al.
D. Nev. · 2025 · confidence medium
“A case arise[es] under federal 25 law within the meaning of § 1331 ... if a well-pleaded complaint establishes either that federal law 26 creates the cause of action or that the plaintiff's right to relief necessarily depends on resolution of 27 a substantial question of federal law.” Cook Inlet Region, Inc. v. Rude, 690 F.3d 1127, 1130 (9th 28 Cir. 2012) (citing Empire Healthchoice Assurance, Inc. v. McVeigh, 547 U.S. 677, 689-90 (2006). 1 Diversity jurisdiction vests federal courts with jurisdiction over civil cases with complete diversity 2 of citizenship, meaning “each of the plain…
discussed Cited as authority (rule) Hayden v. Campbell
D. Nev. · 2025 · confidence medium
A court does not have subject matter jurisdiction over a federal law claim if it 23 is “obviously frivolous.” Cook Inlet Region, Inc. v. Rude, 690 F.3d 1127, 1131 (9th Cir. 24 2012) (citing Sea-Land Serv., Inc. v. Lozen Int’l, LLC, 285 F.3d 808 , 814 (9th Cir. 2002)). 25 “Dismissal for lack of subject-matter jurisdiction because of the inadequacy of the federal 26 claim is proper only when the claim is insubstantial, implausible, foreclosed by prior 27 28 3The FAC is largely rambling and unclear in the facts and claims it brings.
discussed Cited as authority (rule) Philips v. Berman
D. Guam · 2024 · confidence medium
Federal Question Jurisdiction 2 In order to prove that federal question jurisdiction exists, the Plaintiff’s complaint must 3 demonstrate that federal law created his cause of action “or that the plaintiff’s right to relief 4 necessarily depends on resolution of a substantial question of federal law.” Cook Inlet Region, Inc. 5 v. Rude, 690 F.3d 1127, 1130 (9th Cir. 2012) (quoting Empire Healthchoice Assurance, Inc. v. 6 McVeigh, 547 U.S. 677 , 689–90 (2006)). 7 Courts use the “well-pleaded complaint rule” to determine whether a complaint has been 8 brought under federal law.
discussed Cited as authority (rule) Wilmington Savings Fund Society, FSB v. Wallace
D. Haw. · 2024 · confidence medium
Federal-Question Jurisdiction Title 28 United States Code Section 1331 states: “The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.” The well-pleaded complaint rule provides that “‘[a] case aris[es] under federal law within the meaning of § 1331 . . . if a well-pleaded complaint establishes either that federal law creates the cause of action or that the plaintiff’s right to relief necessarily depends on resolution of a substantial question of federal law.’” Cook Inlet Region, Inc. v. Ru…
discussed Cited as authority (rule) Chargualaf v. Guam Daily Post
D. Guam · 2024 · confidence medium
A corporation will be considered domiciled in “every State and foreign state by which it has been incorporated and of the State or foreign state where 24 it has its principal place of business.” 28 U.S.C. § 1332 (c)(1). 1 relief necessarily depends on resolution of a substantial question of federal law.” Cook Inlet 2 Region, Inc. v. Rude, 690 F.3d 1127, 1130 (9th Cir. 2012) (quoting Empire Healthchoice 3 Assurance, Inc. v. McVeigh, 547 U.S. 677 , 689–90 (2006)).
discussed Cited as authority (rule) Tolentino v. Saito
D. Haw. · 2023 · confidence medium
“Any non-frivolous assertion of a federal claim suffices to establish federal question jurisdiction, even if that claim is later dismissed on the merits.” Cook Inlet Region, Inc. v. Rude, 690 F.3d 1127, 1131 (9th Cir. 2012) (quotation marks and citation omitted).
discussed Cited as authority (rule) Da Silva Jackson v. Nelson
W.D. Wash. · 2022 · confidence medium
Rather, federal question jurisdiction 17 exists when “a well-pleaded complaint establishes either that federal law creates the cause of 18 action or that the plaintiff’s right to relief necessarily depends on resolution of a substantial 19 question of federal law.” Cook Inlet Region, Inc. v. Rude, 690 F.3d 1127, 1130 (9th Cir. 2012) 20 (quoting Empire Healthchoice Assurance, Inc. v. McVeigh, 547 U.S. 677 , 689–90 (2006)).
cited Cited as authority (rule) Hashim Al Balad Muhammad v. City of Moreno Valley Code Enforcement
C.D. Cal. · 2022 · confidence medium
“It is hard to show frivolousness.” Cook Inlet 24 Region, Inc. v. Rude, 690 F.3d 1127, 1131 (9th Cir. 2012); see Shapiro, 577 U.S. at 25 46 (the use of “wholly” has legal significance).
discussed Cited as authority (rule) Adams v. Kake Tribal Corporation
D. Alaska · 2022 · confidence medium
The corporation alleged that the shareholders had violated a provision of ANCSA that expressly incorporates state law by providing that the solicitation of signatures for ANCSA shareholder petitions is governed by a provision of Alaska law prohibiting false and misleading statements in proxy solicitations.19 16 Docket 22 at 11–12 (June 30 Order) (quoting Cook Inlet Region, Inc. v. Rude, 690 F.3d 1127, 1130 (9th Cir. 2012)). 17 Docket 22 at 12–13 (June 30 Order). 18 See Docket 36 at 10 (Mot. to Dismiss FAC). 19 The ANCSA provision at issue states that “[t]he requirements of the laws of th…
cited Cited as authority (rule) King v. Rushford
W.D. Wash. · 2021 · confidence medium
Cook Inlet Region, Inc. v. 22 Rude, 690 F.3d 1127, 1130 (9th Cir. 2012).
cited Cited as authority (rule) Carney v. State of Washington
W.D. Wash. · 2021 · confidence medium
E.g., Cook Inlet Region, Inc. v. Rude, 690 F.3d 1127, 1130 (9th Cir. 2012).
discussed Cited as authority (rule) Adams v. Kake Tribal Corporation
D. Alaska · 2021 · confidence medium
No. 92-203, 85 Stat. 668 (1971), as amended, 43 U.S.C. § 1601 et seq. 9 Cook Inlet Region, Inc. v. Rude, 690 F.3d 1127, 1129 (9th Cir. 2012) (citing John F. Walsh, Settling the Alaska Native Claims Settlement Act, 38 Stan.
discussed Cited as authority (rule) Fairchild v. Extra space storage, inc.
S.D. Cal. · 2021 · confidence medium
However, as 10 || Plaintiff asserts claims arising under federal statutes—including, inter alia, the Americans 11 || with Disabilities Act of 1990 and the Civil Rights Act of 1964, see Compl. at 2—federal 12 || question jurisdiction presumptively exists over those claims, Cook Inlet Region, Inc. v. 13 || Rude, 690 F.3d 1127, 1130 (9th Cir. 2012) (noting that “there is federal question 14 || jurisdiction over a federal-law claim simply by virtue of its being a claim brought under 15 || federal law’’), and thus the Court may in its discretion exercise supplemental jurisdiction 16 || ov…
discussed Cited as authority (rule) Arthur v. Windsor Shadows Homeowner's Association
D. Ariz. · 2021 · confidence medium
Cohens v. Virginia, 19 U.S. (6 Wheat.) 264 , 378 (1821). 21 Under the well-pleaded complaint rule, the complaint must “establish[ ] either that federal 22 law creates the cause of action or that the plaintiff’s right to relief necessarily depends on 23 resolution of a substantial question of federal law.” Cook Inlet Region, Inc. v. Rude, 24 690 F.3d 1127, 1130 (9th Cir. 2012) (quoting Empire Healthchoice Assurance, Inc. v. 25 McVeigh, 547 U.S. 677 , 689–90 (2006)).
discussed Cited as authority (rule) Sky v. Seattle Specialty Dentistry
W.D. Wash. · 2020 · confidence medium
A case “arise[s] under federal law within the meaning of 27 § 1331 . . . if a well-pleaded complaint establishes either that federal law creates the cause of 28 action or that the plaintiff’s right to relief necessarily depends on resolution of a substantial 1 question of federal law.” Cook Inlet Region, Inc. v. Rude, 690 F.3d 1127, 1130 (9th Cir. 2012) 2 (quoting Empire Healthchoice Assurance, Inc. v. McVeigh, 547 U.S. 677 , 689–90 (2006)). 3 Where there is no federal private right of action, however, “federal courts may not entertain a 4 claim that depends on the presence of feder…
discussed Cited as authority (rule) Roy v. Pioneer Human Resources Inc
E.D. Wash. · 2020 · confidence medium
Id. 10 Courts have federal question jurisdiction over a state law claim if it 11 “necessarily raises a stated federal issue” that is disputed and substantial, which “a 12 federal forum would entertain without disturbing any congressionally approved 13 balance of federal and state judicial responsibilities.” Cook Inlet Region, Inc. v. 14 Rude, 690 F.3d 1127, 1130 (9th Cir. 2012). 15 Where a federal court has original jurisdiction over a federal claim, it also has 16 supplemental jurisdiction over all state-law claims that are “so related to claims in 17 the action within such original…
discussed Cited as authority (rule) Kingman Hospital Incorporated v. Purdue Pharma LP
D. Ariz. · 2019 · confidence medium
(Notice ¶ 21 24 (citing Cook Inlet Region, Inc. v. Rude, 690 F.3d 1127, 1130 (9th Cir. 2012)).) 25 “[W]here a claim finds its origins in state rather than federal law,” the Supreme 26 Court has “identified a special and small category of cases in which arising under 27 jurisdiction still lies.” Gunn v. Minton, 568 U.S. 251, 258 (2013) (internal quotations 28 omitted).
discussed Cited as authority (rule) Burris v. Wells Fargo Bank, NA (In Re Burris)
9th Cir. · 2018 · confidence medium
Co. of Am., 511 U.S. 375, 377 , 114 S.Ct. 1673 , 128 L.Ed.2d 391 (1994) (explaining federal jurisdiction generally); Cook Inlet Region, Inc. v. Rude, 690 F.3d 1127, 1130 (9th Cir. 2012) (explaining federal question jurisdiction); Kanter v. Warner-Lambert Co., 265 F.3d 853, 857-58 (9th Cir. 2001) (explaining diversity jurisdiction).
cited Cited as authority (rule) Daniels v. Chugach Government Services, Inc.
D.D.C. · 2016 · confidence medium
Rude, 690 F.3d 1127, 1129 (9th Cir.2012).
discussed Cited as authority (rule) Brazil v. Office of Personnel Management
N.D. Cal. · 2014 · confidence medium
The Ninth Circuit has said that “there is subject matter jurisdiction over federal-law claims unless they are ‘obviously frivolous.’ ” Cook Inlet Region, Inc. v. Rude, 690 F.3d 1127, 1131 (9th Cir.2012) (citation omitted).
cited Cited as authority (rule) Patricia Haro v. Kathleen Sebelius
9th Cir. · 2014 · confidence medium
Cook Inlet Region, Inc. v. Rude, 690 F.3d 1127, 1130 (9th Cir. 2012).
cited Cited as authority (rule) Patricia Haro v. Kathleen Sebelius
9th Cir. · 2013 · confidence medium
Cook Inlet Region, Inc. v. Rude, 690 F.3d 1127, 1130 (9th Cir.2012).
cited Cited as authority (rule) Haro v. Sebelius
9th Cir. · 2013 · confidence medium
Cook Inlet Region, Inc. v. Rude, 690 F.3d 1127, 1130 (9th Cir.2012).
discussed Cited "see" Jeremy Coltharp v. Larry Herrera (2×)
9th Cir. · 2014 · signal: see · confidence high
See Cook Inlet Region, Inc. v. Rude, 690 F.3d 1127, 1131 (9th Cir. 2012) (“Any non-frivolous assertion of a federal claim suffices to establish federal question jurisdiction, even if that claim is later dismissed on the merits.” (citation omitted)), cert. denied, 133 S. Ct. 1814 (2013). 2 Because the parties are aware of the facts, procedural events and applicable law underlying the dispute, we recite only such information as is necessary to explain our decision. 2 the city council may set the initiative for the next regularly scheduled election “unless the ordinance petitioned for is re…
Retrieving the full opinion text from the archive…
COOK INLET REGION, INC., Plaintiff-Appellee,
v.
Robert W. RUDE; Harold Rudolph, Defendants-Appellants
11-35252.
Court of Appeals for the Ninth Circuit.
Aug 20, 2012.
690 F.3d 1127
Frederick William Triem, Law Offices of Fred W. Triem, Petersburg, AK, for the appellants., Jahna M. Lindemuth, Dorsey & Whitney LLP, Anchorage, AK, William D. Temko, Munger, Tolies & Olson LLP, Los Angeles, CA, for the appellee.
Goodwin, Fletcher, Smith.
Cited by 28 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 79%
Citer courts: N.D. California (1)

OPINION

W. FLETCHER, Circuit Judge:

Plaintiff-Appellee Cook Inlet Region, Inc. (“CIRI”) is an Alaska Native Regional Corporation formed under the Alaska Native Claims Settlement Act (“ANCSA”). Defendants-Appellants Robert W. Rude and Harold F. Rudolph are shareholders of CIRI and former members of CIRI’s Board of Directors.

In 2009, Plaintiff CIRI filed suit against Defendants, alleging that they had violated ANCSA and Alaska law. The district court held that it had federal question jurisdiction over the ANCSA claims and supplemental jurisdiction over the state-law claims. On appeal, Defendants challenge the court’s holding that it had subject matter jurisdiction over the ANCSA claims. We affirm the district court.

[*1129] I. Background

Congress enaeted ANCSA in 1971, two years after the discovery of oil in Prudhoe Bay. Alaska Native Claims Settlement Act, Pub. Law No. 92-203, 8 Stat. 688 (1971) (codified as amended at 43 U.S.C. §§ 1601-1629h); see also Martha Hirschfield, Note, The Alaska Native Claims Settlement, Act: Tribal Sovereignty and the Corporate Form,, 101 Yale L.J. 1331, 1335-36 (1992) (“Oil companies eager to exploit Alaska’s natural resources were unwilling to begin development until title to the land had been quieted.”). Under ANCSA, all Native claims to Alaskan land based on aboriginal use and occupancy were extinguished, and Native Alaskans were granted monetary compensation and title to forty million acres of land. See John F. Walsh, Note, Settling the Alaska Native Claims Settlement Act, 38 Stan. L.Rev. 227, 227 (1985).

ANCSA transferred title of the settlement land to twelve regional corporations and numerous village corporations created by the Act. 43 U.S.C. §§ 1606-07. Under ANCSA, only Native Alaskans could be shareholders in these corporations for the first twenty years of their existence. This restriction on alienation was designed to ensure that Native Alaskan lands would not be sold at low prices as soon as title cleared. § 1606(h)(1) (1982); see also Walsh, 38 Stan. L.Rev. at 232-33 (discussing reasons for alienability restriction).

In 1990 and 1991, as the twenty-year restriction neared its end, Congress amended ANCSA to broaden restrictions on the transfer of corporate stock. See Little Bighorn Battlefield National Monument, Pub.L. No. 102-201, § 301, 105 Stat. 1631, 1633 (1991); Alaska Native Claims Settlement Act, Amendment, Pub.L. No. 101-378, § 301, 104 Stat. 468, 471-72 (1990). Under current law, shareholders in regional corporations established under ANCSA cannot sell or otherwise transfer their stock except under limited circumstances. 43 U.S.C. § 1606(h)(l)(B)-(C).

Lifting ANCSA’s alienability restrictions on stock requires an amendment to the regional corporation’s articles of incorporation. See § 1629c(b). ANCSA provides two mechanisms by which these restrictions can be lifted. One of them is a shareholder vote taken at the request of a shareholder petition. § 1629c(b)(l)(B)(ii).

In 2009, Defendants solicited shareholder signatures for two petitions. The first petition sought a vote to lift the alienability restrictions. The second petition sought to convene a special shareholder meeting to consider six advisory resolutions concerning dividends, elections, financial reporting, voting rights, and compensation of senior management. The petitions suggested that Plaintiffs board of directors and senior management were mismanaging the corporation. Defendants sent four mailers soliciting signatures for the petitions.

Plaintiff filed suit, alleging two claims under ANCSA and two claims under Alaska law. Plaintiff moved for summary judgment on all claims. Defendants did not oppose the motion. The district court granted summary judgment to Plaintiff on all claims. Defendants filed a motion for relief from judgment, arguing that the court lacked federal-question subject matter jurisdiction. They also argued that the court erred in granting summary judgment on the second of Plaintiffs two ANC-SA claims. The district court concluded that it had subject matter jurisdiction. However, it changed its mind on the merits of the second of the two ANCSA claims and ruled against Plaintiff on this claim.

After entry of final judgment, Defendants appealed, challenging only the jurisdictional ruling.

[*1130] II. Jurisdiction and Standard of Review

We have appellate jurisdiction under 28 U.S.C. § 1291. We review de novo district court determinations of subject matter jurisdiction. Puri v. Gonzales, 464 F.3d 1038, 1040 (9th Cir.2006).

III. Discussion

Plaintiff alleged two claims under ANCSA. The first claim alleged that defendants violated 43 U.S.C. § 1629b(c). This section permits the holders of 25 percent of the voting power of a Native corporation to petition the board of directors to lift alienability restrictions. The section provides that Alaska law governing the solicitation of proxies “shall govern solicitation of signatures for a petition,” with exceptions not applicable here. § 1629b(c)(l)(B). Plaintiff alleged that defendants’ solicitation materials for the petitions contained false and materially misleading statements, in violation of Alaska law that has been incorporated into § 1629b(c). See Alaska Stat. § 45.55.160.

The second claim alleged that defendants violated 43 U.S.C. §§ 1629b(b)(2)(A) and 1629c(b)(2). These sections require that certain information be disclosed in petitions to lift alienability restrictions. These sections do not incorporate any Alaska law.

The general federal question jurisdiction statute, 28 U.S.C. § 1331, grants federal district courts “original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.” “A case arise[es] under federal law within the meaning of § 1331 ... if a well-pleaded complaint establishes either that federal law creates the cause of action or that the plaintiffs right to relief necessarily depends on resolution of a substantial question of federal law.” Empire Healthchoice Assurance, Inc. v. McVeigh, 547 U.S. 677, 689-90, 126 S.Ct. 2121, 165 L.Ed.2d 131 (2006) (internal quotation marks omitted). We conclude that the district court had federal-question subject matter jurisdiction over Plaintiffs two ANCSA claims because “federal law creates the cause of action” in both claims. Id. at 690,126 S.Ct. 2121.

Defendants make four arguments why there is no federal question jurisdiction over Plaintiffs first claim. First, they argue that Plaintiffs claim under § 1629b(c)(l)(B) “does not allege any serious dispute over the validity, construction or effect[ ] of the ‘federalized’ state law ... that requires the experience and uniformity” of a federal forum. Second, they argue that federal question jurisdiction over the first claim would disrupt the proper federal-state balance. Third, they argue that the claim does not raise a substantial federal question. Fourth, they argue that Congress’ failure to create an explicit cause of action to challenge the solicitation of signatures indicates that it did not intend to grant federal jurisdiction over claims arising under the provision.

Defendants’ first and second arguments conflate the sometimes difficult jurisdictional question posed when federal law is embedded in a state-law claim with the much more straightforward question posed when state law is embedded in a federal-law claim. There is federal question jurisdiction over a state-law claim only if it “necessarily raisefs] a stated federal issue, actually disputed and substantial, which a federal forum may entertain without disturbing any congressionally approved balance of federal and state judicial responsibilities.” Grable & Sons Metal Prods., Inc. v. Dame Eng’g & Mfg., 545 U.S. 308, 314, 125 S.Ct. 2363, 162 L.Ed.2d 257 (2005). By contrast, there is federal question jurisdiction over a federal-law claim simply by virtue of its being a claim brought under federal law, whether or not it incorporates state law.

[*1131] Plaintiffs first claim required the district court to apply Alaska law governing proxy solicitations to determine the legality of Defendants’ shareholder petitions under ANCSA. But Plaintiffs claim was not brought as a state-law claim. Rather, Plaintiff brought a federal-law claim under a provision of ANCSA that incorporated state law. Plaintiff did not bring, and indeed could not have brought, a claim directly under Alaska law because the relevant provision of Alaska law governs proxy solicitations rather than shareholder petitions. See Alaska Stat. § 45.55.160 (prohibiting “untrue statements] of material fact” in documents filed under proceedings in Chapter 55 of the Alaska Securities Act).

Defendants’ third and fourth arguments are essentially the same as their argument that there is no federal question jurisdiction over Plaintiffs second claim. That argument is that both ANCSA claims fail on the merits, and that there is therefore no federal question jurisdiction over them.

Defendants’ argument fails because there is subject matter jurisdiction over federal-law claims unless they are “obviously frivolous.” Sea-Land Serv., Inc. v. Lozen Int’l, LLC, 285 F.3d 808, 814 (9th Cir.2002) (internal quotation marks omitted). It is hard to show frivolousness. There is federal question jurisdiction unless the federal claim is “so insubstantial, implausible, foreclosed by prior decisions of [the Supreme] Court, or otherwise completely devoid of merit as not to involve a federal controversy.” Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 98, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998) (internal quotations omitted). “Any non-frivolous assertion of a federal claim suffices to establish federal question jurisdiction, even if that claim is later dismissed on the merits.” Cement Masons Health & Welfare Trust Fund for N. Cal. v. Stone, 197 F.3d 1003, 1008 (9th Cir.1999).

Neither of Plaintiff’s ANCSA claims was frivolous. Defendants can hardly contend that Plaintiffs first claim was frivolous, given that the district court found Defendants liable on that claim. The district court eventually concluded that Plaintiffs second claim failed on the merits, but that claim was not “insubstantial” or “implausible.”

Defendants make a final argument, applicable to both ANCSA claims. They contend that ANCSA itself limits federal jurisdiction over claims brought under it. Section 1601(f) states that “no provision of this chapter shall be construed to constitute a jurisdictional act, to confer jurisdiction to sue, nor grant implied consent to Natives to sue the United States or any of its officers with respect to the claims extinguished by the operation of the chapter.” 43 U.S.C. § 1601(f). Defendants have misread this section. It limits litigation challenging the elimination of Native Alaskan land claims under ANCSA, but it does not limit § 1331 federal question jurisdiction over other claims brought under ANCSA.

Conclusion

We hold that there is federal question jurisdiction under § 1331 over Plaintiffs ANCSA claims.

AFFIRMED.