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Attorney Keith McMurdy discusses a 3rd Circuit decision that affirms an earlier holding that narrowed removal jurisdiction establishing that status as an ERISA qualified plan does not guarantee removal of claims to federal court. With Pascack Valley , the court generally applied the doctrine of "complete pre-emption" as articulated under Davila . In Community Medical Center , the court focused more on the practical application of the first prong of the Davila test.
October 07, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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