Legal Opinion · Dissent

Bauhaus USA, Inc. v. Copeland

Court of Appeals for the Fifth Circuit

Decided May 21, 2002No. 01-60343Published

1DissentWiener, Circuit Judge

Federal preemption is the keystone that gives ERISA’s arch the ability to span the nation with a single, uniform, pension and welfare-benefit law. When Congress manifested its intent to create such an exclusive federal presence in that field of law, it expressly decreed perhaps the most comprehensive and pervasive preemption of the present era. In the absence of federal jurisdiction, however, federal statutory preemption fails. Therefore, unless the federal courts cautiously, deliberately, and charily examine every asserted challenge to, or claim of limitation on, subject-matter jurisdiction…

2Cases cited25 opinions

  1. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  2. Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
  3. Mertens v. Hewitt AssociatesSupreme Court of the United States · 1993
  4. Fort Halifax Packing Co. v. CoyneSupreme Court of the United States · 1987
  5. Great-West Life & Annuity Insurance v. KnudsonSupreme Court of the United States · 2002

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