“There are a few cases that must be filed in federal court. By virtue of federal law, state courts have no power to adjudicate (no subject matter jurisdiction). Normally, federal preemption of state law is merely a defense to application of the state law. However, in a few instances (notably ERISA and federal labor laws), state law is “completely preempted” and replaced by a federal claim, creating a basis for removal to federal court. Many other cases can be filed either in federal or state court. These are cases that fall within the limited subject matter jurisdiction of federal courts, but that are not “exclusive” to the federal courts. In fact, there is a ‘deeply rooted presumption in favor of concurrent state court jurisdiction.'”
“Claims between citizens of different states where the claim or value of the property in controversy exceeds $75,000 (exclusive of interest or costs) may be filed in federal court as well as state court.”
[California Practice Guide: Civil Procedure Before Trial [citations to primary sources omitted]]
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