Ervast v. Flexible Products Co.

How courts have described this case

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

• stating that \defensive preemption ... provides only an affirmative defense to state law claims and is not a basis for removal\
• declining to exercise federal diversity jurisdiction because it was not alleged in the notice of removal
• noting in dicta that “an ERISA participant has a right to information and . . . a failure-to-inform claim may lie against an ERISA administrator”
• declining to consider a basis for removal first raised on appeal, because the removing defendant “had the burden to plead this basis in its notice of removal, and it did not”
• “[FGR] violated and/or breached in bad faith its fiduciary duty by not attending with due diligence the adequate handling and complete payment of the institution’s Pension Plan .... ”
• “Defensive preemption may not be a prerequisite for complete preemption, but they usually co-exist”

Source: CourtListener parenthetical corpus (CC0).