Topic: a federal issue is: (1) necessarily raised, (2) actually di… · Go Syfert
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Topic #38900

2 canonical passages across 2 cases, quoted by 8 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Becker v. Ute Indian Tribe of the Uintah & Ouray Reservation.

#Case FlagCanonical passage Citers
1 Becker v. Ute Indian Tribe of the Uintah & Ouray Reservation Anchor
ca10 · 2014
green “a federal issue is: (1) necessarily raised, (2) actually disputed, (3) substantial, and (4) capable of resolution in federal court without disrupting the federal-state balance approved by congress.” 5
2 Nicodemus v. Union Pacific Corp.
ca10 · 2003
green “a case arises under federal law if the well-pleaded complaint establishes either that federal law creates the cause of action or that the plaintiff's right to relief necessarily depends on resolution of a substantial question of federal law.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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