Hays v. Bryan Cave LLP
United States Court of Appeals for the Seventh Circuit
446 F.3d 712 (2006)
The law firm Bryan Cave LLP (defendant) represented Hays (plaintiff) in a federal criminal case. Hays later sued Bryan Cave in Illinois state court for common-law legal malpractice arising from that representation. Bryan Cave removed the case to federal court, arguing the malpractice claim "arose under" federal law because evaluating it would require a substantial analysis of federal criminal law and procedure. The district court refused to remand the case to state court and later dismissed it. Hays appealed, arguing the case should never have been removed in the first place.
Whether a state-law attorney malpractice claim filed in state court may be removed to federal court because deciding it will require the court to evaluate and apply federal law.