Preclusive abstention: issue preclusion and jurisdictional dismissals after Ruhrgas
Article Abstract:
The author examines the extent to which a federal court precludes litigation of issues in a state court when the federal court lacks subject-matter jurisdiction. Current uncertainty regarding the effect of the Supreme Court's Ruhrgas AG v. Marathon Oil Co. decision on preclusive abstention is discussed.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 2001
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ERISA preemption and the case for a federal common law of agency governing employer-administrators
Article Abstract:
The author discusses the problems created by the preemption of employer-agency state laws by the federal.Employee Retirement Income Security Act of 1974. The adoption by the federal courts of federal common law remedies to replace preempted states laws is recommended.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 2001
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