· 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 CourtListenerSourced 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.