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Category: Removal

Category: Removal

Home Archive for category "Removal"

:: Discovery Responses Do Not Support Removal & ERISA Preemption

Roy Harmon ERISA / Practice Tips / Removal / Section 510 March 9, 2021 March 9, 2021

In the case at bar, Plaintiff is no longer  a participant in Defendant’s ERISA plan and he does not allege a wrongful withholding of benefits.  . . . Plaintiff does not claim that Defendant promised …

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:: Reformation Remedy Held Viable Against ERISA Plan

Roy Harmon 502(A)(1)(B) Claim for Benefits / 502(a)(3) / Practice Tips / Removal March 9, 2021 March 9, 2021

An Arizona district court refused to dismiss claims for reformaion of an insurance policy in Carbajal v. Dorn, 2009 U.S. Dist. LEXIS 32688 (D. Ariz. Apr. 14, 2009). The opinion provides an interesting perspective on …

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:: Federal Court Removal Deadline Triggered By Deposition Exhibit

Roy Harmon Practice Tips / Removal March 9, 2021 March 9, 2021

Tyson takes issue with the Magistrate Judge’s conclusion that removal was untimely. The Magistrate Judge found that Tyson was on notice of the removability of the action on December 30, 2008. Rao’s deposition was taken …

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