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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.