Prevetire v. Weyher/Livsey Constructors, Inc.

Parentheticals

• referring to complete preemption as the "same principle” as the artful pleading doctrine

  Arnold Ex Rel. Arnold v. Blue Cross & Blue Shield of Texas, Inc.

• federal statute does not “completely pre-empt” state claims absent clear Congressional intent that the federal statute provide an exclusive federal remedy for the acts complained of

  DeCastro v. AWACS, Inc.

• “ERISA section 206(d)(1) protects ERISA-qualified benefits from garnishment only until paid to and received by plan participants or beneficiaries.”

  Marchand v. Whittick (In re Whittick)

• statements made by trade association's officers, including the president, published in the association's newsletters were adoptive admissions of the association, even though there was a general disclaimed printed at the beginning of the newsletter.

  Penguin Books U.S.A., Inc. v. New Christian Church of Full Endeavor, Ltd.

• statements made by trade association’s officers, including the president, published in the association’s newsletters were adoptive admissions of the association, even though there was a general disclaimed printed at the beginning of the newsletter.

  Penguin Books U.S.A., Inc. v. New Christian Church of Full Endeavor, Ltd.

• ERISA does not protect funds once benefits are paid and received

  In Re Holst