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07-3456 Franciscan Skemp Healthcare, Inc., v. Central States Joint Board Health & Welfare Trust Fund (access required)

Civil ProcedurePreemption; removalState law claims for negligent misrepresentation were improperly removed to federal court as subject to ERISA."In sum, proper analysis of Franciscan Skemp's claims against the broad reach of ERISA under the test outlined by the Supreme Court in Davila leads to the conclusion that ERISA does not completely preempt the claims at issue ...

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