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Complete preemption

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Overview Edit

"The Supreme Court has held that a state cause of action is ‘really’ a federal cause of action which may be removed to federal court if the "federal cause of action completely preempts . . . the state cause of action.’”[1] “This principle is ‘known as the complete preemption doctrine, and it is ‘a distinct concept from ordinary preemption.’”[2]

“[T]he complete preemption doctrine applies only if ‘the statute relied upon by the defendant as preemptive contains civil enforcement provisions within the scope of which the plaintiff's state claim falls.’”[3] The “second prerequisite for the application fo the complete preemption doctrine [is]: ‘a clear indication of a Congressional intention to permit removal despite the plaintiff’s exclusive reliance on state law.’” [4]

References Edit

  1. Goepel v. National Postal Mail Handlers Union, 36 F.3d 306, 310 (3d Cir. 1994) (quoting Franchise Tax Bd. v. Construction Laborers Vacation Trust, 463 U.S. 1, 24 (1983)).
  2. Id. (quoting Caterpillar, Inc. v. Williams, 482 U.S. 386, 393 (1987); Railway Labor Executives Ass'n v. Pittsburgh & Lake Erie R. Co., 858 F.2d 936, 941 (3d Cir. 1988)).
  3. Id. at 311 (quoting Railway Labor, 858 F.2d at 942).
  4. Id.

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