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Discovery Responses Did Not Support Removal and ERISA Preemption in State Law Wrongful Discharge Case
Health Plan Law 
[Guidance Overview] Oct. 31, 2008
Excerpt: Plaintiffs walk a fine line when asserting claims under the ADA and state wrongful discharge laws. This recent district court opinion exemplifies a successful avoidance of ERISA preemption, but not without the trouble of removal and remand. The problem lies in the natural consequence of termination. Aside from loss of wages and compensation benefits, the plaitntiff will lose participation in employee benefit plans.
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