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ERISA Preemption Defense Was Lost by Waiver
Health Plan Law 
Nov. 27, 2007
Excerpt: Aside from the issues of whether a case is removable and the procedural requirements attending proper removal based upon federal question jurisdiction, a recent district court case reminds us that the ERISA preemption defense may simply be waived altogether under Fed. R. Civ. P. 8(c).
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