Does a state court have jurisdiction to determine whether ERISA preemption applies in the federal courts?
MultiRegion, United States of America
The following excerpt is from Herbst v. Humana Health Ins. of Nevada, Inc., 956 F.2d 274 (9th Cir. 1992):
2 State courts are entitled to decide questions of ERISA preemption, and their determinations are entitled to preclusive effect in federal courts. Turnbow v. Pacific Mutual Life Ins. Co., 934 F.2d 1100, 1103 (9th Cir.1991).
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