wsp Posted June 21, 2004 Posted June 21, 2004 Can an ERISA argument be brought into a state court or are they all remanded to the Federal Court System? Question in mind is a prohibited transaction: loan to prohibited party. Argument is valid, but plaintiff is trying to coerce client with holding up a summary of judgement in a state court with this "threat". I would think the state court would at worst hold over the summary of judgement until the ERISA suit is heard. Am I right?
mbozek Posted June 22, 2004 Posted June 22, 2004 Under ERISA 502(e) all actions under ERISA must be brought in Fed ct. except that claims for benefits by a participant can be brought in either fed or state ct. mjb
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