· 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
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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