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· 11/28/1989

Arthur Lister v. H. Allan Stark

Citations

  • 890 F.2d 941
  • 11 Employee Benefits Cas. (BNA) 2362
  • 1989 U.S. App. LEXIS 18121
  • 1989 WL 143555

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • affirming dismissal of preempted state law claims even though it left the plaintiff “without a remedy”
  • employee's state law claim that employer fraudulently induced his return to work by misrepresenting plan benefits com- pletely preempted by ERISA
  • \The use of the term \complete preemption” is unfortunate, since the complete preemption doctrine is not a preemption doctrine but rather a federal jurisdiction doctrine.”
  • Availability of a federal remedy is not a prerequisite for federal preemption.

Source: CourtListener parenthetical corpus (CC0).

Judges: Cummings, Cudahy, Flaum

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Sourced from CourtListener / Free Law Project (CC0).

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