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 of 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) (full-text) (quoting Franchise Tax Board v. Construction Laborers Vacation Trust, 463 U.S. 1, 24 (1983) (full-text)).
  2. Id. (quoting Caterpillar, Inc. v. Williams, 482 U.S. 386, 393 (1987) (full-text); Railway Labor Executives Ass'n v. Pittsburgh & Lake Erie R. Co., 858 F.2d 936, 941 (3d Cir. 1988) (full-text)).
  3. Goepel, 36 F.3d at 311 (quoting Railway Labor, 858 F.2d at 942).
  4. Id.

See also Edit

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