Can all "civil" lawsuits involving a benefit covered by ERISA be removed to Federal Court?

[pwitt]

Good Morning:

    In the instance of "civil" litigation between two parties regarding an ERISA covered benefit plan, can the defendant in such a suit, that involves an allegation of material misrepresentation (fraud), have the case removed to Federal Court based upon wording contained within the ERISA Statute itself? Thanks in advance for any replies!

 

[QDROphile]

"Can all "civil" lawsuits involving a benefit covered by ERISA be removed to Federal Court?"

No. Unless the issues relate directly to benefits under an ERISA governed plan, the jurisdiction questions become very difficult and fact specific. Removal occupies a significant space in a law school civil procedure class. I doubt that this forum is well suited for you to progress toward the particular answers you seek. If the parties are engaged in civil litigation already, that is a question for the lawyer of the party who is interested in removal. 

[pwitt]

Thank you very much QDROphile for your reply. No litigation has been initiated yet; just researching the possibility of various "plans of attack" being "defused" through some esoteric application of existing statutes before expending time and monies. Nonetheless, we will heed your further advice and research the matter with various other avenues more suited, as you pointed out, to the question at hand. My very best regards to you!