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Complete Versus Conflict Preemption In ERISA Cases
Lewis Roca Rothgerber LLP via DRI
Jan. 17, 2014
"When a claimant sues in state court, however, removal to federal court should not be a forgone conclusion just because ERISA issues may be involved. Because only certain types of cases are subject to removal and because of rigid time and procedural requirements, an analysis of whether to remove a case involving ERISA issues must be prompt and informed. This article provides a reminder and summary of one key consideration -- complete versus conflict preemption."
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