· 9/29/2023
Johnson v. CBRE, Inc.
Citations
- 225 N.E.3d 1163
- 2023 Ohio 3518
Syllabus
No-duty winter rule, natural v. unnatural accumulation of snow and ice, open and obvious doctrine, breach of contract, summary judgment
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that federal question jurisdiction exists when Congress has clearly manifested an intent to make certain actions removable
- holding that the preemptive force of ERISA is so powerful as to displace entirely any state cause of action for purposes of a federal court’s removal jurisdiction
- holding that a common law contract claim for recovery of benefits was preempted by ERISA
- holding that § 502 of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C.A. § 1132, completely pre-empts state law claims
- holding that in cases in which ERISA applies, a case may be removed to federal court even though only state law claims appear in the compliant
- holding that Employee Retirement Income Security Act (ERISA) preempts an employee’s common-law contract and tort claims arising from employer’s insurer’s termination of disability benefits, establishing federal jurisdiction
Source: CourtListener parenthetical corpus (CC0).
Judges: Stevenson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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