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W.Va. Supreme Court Holds ERISA Subrogation Claims Belong in Federal Court
Brian Peterson's West Virginia Legal Weblog
[Guidance Overview] Dec. 19, 2008
Excerpt: In a rare opinion on an ERISA matter, the West Virginia Supreme Court of Appeals ruled on Monday that state courts do not have jurisdiction to determine whether ERISA plan fiduciaries or administrators can assert subrogation rights against plan participants and beneficiaries. Turner v. Turner, No. 33892 (Dec. 15, 2008).
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