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Court Refuses to Dismiss Complaint After Removal to Federal Court Under ERISA
ERISA on the Web 
[Guidance Overview] June 13, 2008
Excerpt: The plaintiff filed a complaint in Georgia state court after Reliance Standard denied his long-term disability claim. In addition to compensatory damages for breach of contract, the plaintiff sought damages for statutory bad faith. Reliance Standard filed a notice to remove the case to federal court, arguing that the claim fell exclusively within the purview of ERISA. Reliance Standard moved to dismiss, arguing that ERISA preempted the state-law claims.
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