Hyzer v. Cigna Property Casualty Insurance

How courts have described this case

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

• concluding that “the FCIA does not so completely preempt the area as to confer federal removal jurisdiction where, as here, the Act is not averred in the complaint but is raised as a defense”
• distinguishing between complete preemption and defensive preemption and finding the former inapplicable to the FCIA
• distinguishing between complete preemption and defensive preemption and finding the former inapplicable to the FCIA
• section 1506(k) addresses preemption as a defense but does not provide super preemption of entire field
• no support for contention that agency regulations Bank, 539 U.S. at 10-11. The district court, in finding that could completely preempt area
• “[T]he section is intended to provide preemption, not super preemption.”

Source: CourtListener parenthetical corpus (CC0).