WHITACRE v. RAGAN

How courts have described this case

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

• holding that, when ERISA's preemptive effect results in change of applicable law, rather than choice of forum, preemption is an affirmative defense that must be set forth in defendant's answer or it is waived
• holding that, where ERISA’s preemptive effect results in change of applicable law, as opposed to denial of state court jurisdiction, preemption is affirmative defense that is waived if not pled in defendant’s answer
• holding where ERISA's preemptive effect results in a change of the application of the law, it is an affirmative defense
• holding claims for breach of fiduciary duty, punitive damages, and mental anguish damages relating to an ERISA-regulated plan do not fall within section 1132(a)(1)(B) and are preempted
• noting that choice-of-law preemption is an avoidance that must be pleaded or is waived
• noting that preemption argument that affects choice of forum rather than choice of law is not waivable and can be raised for first time on appeal

Source: CourtListener parenthetical corpus (CC0).