In the case of Osborn v. Bank of the United States22 U.S. 738 (1824), it was established that if there is a Federal
Question then the case needs to be heard in Federal Court.
However,
although it has never been overruled, it has also never been followed.
28
USC § 1332, and case law has said that
a case arises under whatever law creates the cause of action.
If
a case arises out of State law, then it's a State Court case.
In Smith
v. Kansas City Title & Trust255 U.S. 180 (1921), the
Supreme Court expanded Federal jurisdiction.
If
case depends on a construction of Federal law, even if arises out of a
State law claim, then it is still a question of Federal Law.
Moore
v. Chesapeake & Ohio Railroad291 U.S. 205 (1934) went back
the other way, to a more narrow reading of Federal jurisdiction.
The
recent case of Grable & Sons Metal Products Inc. v. Darue
Engineering and Manufacturing said the
Courts need to apply a common sense approach.