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· 7/31/2014

Wurtz v. Rawlings Co.

Citations

  • 761 F.3d 232
  • 59 Employee Benefits Cas. (BNA) 1081
  • 2014 WL 3746801
  • 2014 U.S. App. LEXIS 14877

How courts have described this case

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

  • concluding that ERISA did not completely preempt plaintiffs’ claims and noting that, “in the ab- sence of an alternative basis for subject-matter jurisdiction, it would be inappropriate to reach the merits of the ordinary ex- press preemption defense”
  • noting that “com- plete preemption can be the basis for federal subject-matter jurisdiction, but express preemption cannot”
  • “Allowing plaintiffs’ state-law claims under section 5-335 to proceed will not disturb ERISA’s goal of providing national uniformity.”
  • “Allowing 4 plaintiffs’ state‐law claims under section 5‐335 to proceed will not disturb ERISAʹs goal 5 of providing national uniformity.”
  • reaching the merits of the express preemption defense when the claims in question are not completely preempted but there is “another basis for federal subject matter jurisdiction under [the Class Action Fairness Act]”
  • “The Second Circuit has declined to reach the issue of who bears the burden with regard to CAFA exceptions.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Walker, Cabranes, Parker

Read full opinion on CourtListener

Sourced 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.