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Case Notes
Defense Based on Federal Law Cannot Confer Federal Jurisdiction
The U.S. District Court for the District of Kansas recently remanded a case to state court that had been removed there by a defendant tenant asserting violation of a federal law justified its not paying rent in accordance with its commercial lease, as a defense alone cannot confer jurisdiction on a federal court. Family Video Movie Club, Inc. v. Lovejoy Flower & Gift Shop, 2019 U.S. Dist. LEXIS 127520 (D. Kansas 7/31/19).
Plaintiff Family Video Movie Club Inc. (Family Video) leased a commercial property in Texas to defendant Lovejoy Flower and Gift Shop (Lovejoy). Family Video claimed Lovejoy was in default under the lease and sought to recover the premises through a state-law forcible detainer cause of action. Lovejoy then sought removal of the case to the U.S. District Court for the District of Kansas, claiming that the federal court had jurisdiction based on the fact that Family Video was illegally selling CBD products in violation of federal law, and that these illegal sales adversely affected tenant Lovejoy's business. Lovejoy alleged that this harm justified its failure to pay rent in accordance with the terms of the lease, and that because the sale of CBD is illegal under federal law, the case presented a federal question for the court.
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