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Plan's Statement of Participant Rights Did Not Waive Plan's Right to Removal
Health Plan Law
Aug. 14, 2007
Excerpt: This case presents a somewhat novel argument that the defendant plan administrator waived federal jurisdiction by including language in the summary plan description which could be interpreted as giving the plaintiff a choice of state or federal court. The issue arose in the context of a motion to remand following the defendant disability carrier's removal of the plaintiff's state law case to federal court.
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