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· 10/3/1989

Cindy Whitman v. Raley's Inc., Floyd L. Krentz v. Connecticut General Life Insurance Company

Citations

  • 886 F.2d 1177
  • 11 Employee Benefits Cas. (BNA) 1999
  • 4 I.E.R. Cas. (BNA) 1559
  • 132 L.R.R.M. (BNA) 2731
  • 1989 U.S. App. LEXIS 14964

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 remand order cannot be reviewed on appeal or otherwise when based on a lack of complete preemption
  • noting that only a court possessing jurisdiction may rule on the application of a preemp tion defense
  • noting that a determination that Congress intended preemptive power to be strong enough to trigger federal jurisdiction is reserved for “exceptional circumstances”
  • “If [plaintiffs claim is completely preempted], then the federal court has jurisdiction and, of course may proceed to rule on the substantive defense of preemption.”
  • when a federal court remands to state court for lack of federal jurisdiction, \no rulings of the federal court have any preclusive effect on the substantive matters before the state court\

Source: CourtListener parenthetical corpus (CC0).

Judges: Hug, Brunetti, Noonan

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.