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Legal Opinion

Robert Warner v. Ford Motor Company

Court of Appeals for the Sixth Circuit

Decided February 6, 1995No. 93-1312PublishedCited by 167 opinions

1Opinion of the Court

MERRITT, Chief Judge.

Under 28 U.S.C. § 1441, removal of an action from state to federal court is allowed when the federal court has “original jurisdiction” over the action because it is “founded on a claim or right arising” under federal law. 1 This appeal raises an issue concerning federal removal jurisdiction in cases in which ERISA preemption 2 is asserted as a de fense. In September 1992, the plaintiff brought a case for damages and reinstatement against his employer in a Michigan state court claiming age discrimination in violation of Michigan law. The complaint in state court contained…

2Cases cited10 opinions

  1. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  2. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  3. Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
  4. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  5. Osborn v. Bank of United StatesSupreme Court of the United States · 1824

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3Cited by167 opinions

  1. Graham A. Peters v. The Lincoln Electric CompanyCourt of Appeals for the Sixth Circuit · 2002
  2. Cecilia Dukes, Trustee Ad Litem of the Estate of Darryl Dukes, Deceased v. U.S. Healthcare, Inc. Germantown Hospital & Medical Center William W. Banks, M.D. Charles R. Drew Mental Health Center Edward B. Hosten, M.D. Serena Mary Visconti, Deceased, by Linda and Ronald Visconti, as Administrators of the Estate of Serena Mary Visconti, Deceased Linda Visconti Ronald Visconti, in Their Own Right v. U.S. Health Care, A/K/A the Health Maintenance Organization of Pennsylvania/njCourt of Appeals for the Third Circuit · 1995
  3. Jass v. Prudential Health Care Plan, Inc.Court of Appeals for the Seventh Circuit · 1996
  4. Thomas P. Loftis v. United Parcel Service, Inc. David Cole, Kenneth AdkinsCourt of Appeals for the Sixth Circuit · 2003
  5. David Rice v. Kanu Panchal, M.D., Rodrigo Sotillo, M.D., Rodrigo Sotillo, P.C., a CorporationCourt of Appeals for the Seventh Circuit · 1995

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