Legal Opinion
Hansen v. Harper Excavating, Inc.
Court of Appeals for the Tenth Circuit
Decided April 13, 2011No. 08-4089PublishedCited by 116 opinions
1Opinion of the Court
EBEL, Circuit Judge.
This case requires us to address the preemptive scope of the Employee Retirement Income Security Act (“ERISA”), as well as to clarify the relationship between judicial estoppel and subject-matter jurisdiction. Jeffrey Hansen worked for Harper Excavating for six months beginning in 2003. During this time, he attempted to enroll in Harper’s ERISA-regulated health insurance plan, but, unbeknownst to him, Harper never effectively enrolled him in the plan, although it did deduct plan “payments” from his paycheck. Shortly after he left the company, Hansen fell ill, and incurred…
2Cases cited27 opinions
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- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
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3Cited by116 opinions
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