· 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 CourtListenerSourced 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.