· 12/11/1995
Alvan H. Wolf v. Reliance Standard Life Insurance Company
Citations
- 71 F.3d 444
- 33 Fed. R. Serv. 3d 1118
- 19 Employee Benefits Cas. (BNA) 2438
- 1995 U.S. App. LEXIS 34687
- 1995 WL 716520
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a defense raised days before trial prejudiced plaintiffs and should not be admitted because it would have re-opened discovery
- holding that “ERISA preemption in a benefits-due action is waivable, not jurisdictional, because it concerns the substantive law but does not implicate the power of the forum to adjudicate the dispute”
- holding that “ERISA preemption in a benefits-due action is waivable, not jurisdictional, because it concerns the substantive law but does not implicate the power of the forum to adjudicate the dispute”
- explaining that whether a defense is “a waivable affirmative defense is a pure question of law”
- noting that “[f]ailure to plead an affirmative defense generally results in waiver of the defense and its exclusion from the case”
- noting that actions under ERISA for a breach of fiduciary duty are “subject to exclusive jurisdiction in the federal courts”
Source: CourtListener parenthetical corpus (CC0).
Judges: Torruella, Stahl, Lynch
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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