Franchise Tax Board v. Construction Laborers Vacation Trust

463 U.S. 1 (1983)


2 prong test:

  1. well-pleaded complaint: least the plaintiff needs in the complaint to fully state the complaint against defendant, without anticipating response to the claim.
  2. Establishes that federal law creates the cause of action or that the plaintiff’s right of relief depends on a resolution of a question of federal law.

New Information, questions, etc:

A case “arises under” federal law where “the vindication of a right under state law necessarily turned on some construction on federal law.” (225).