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).

Other Questions


Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
Does a federal court have jurisdiction to determine whether a state court's determination was incorrect? (MultiRegion, United States of America)
What is the test for determining whether a state court has jurisdiction to remove a person from the jurisdiction of the federal court? (MultiRegion, United States of America)
What is the role of a federal district court in determining whether a federal judge has jurisdiction to delay a federal hearing? (MultiRegion, United States of America)
What is the test for determining whether a federal court would interpret a state's position on an issue before making a federal determination? (MultiRegion, United States of America)
Does a federal district court have jurisdiction to review the final determinations of a state court? (MultiRegion, United States of America)
In a federal habeas proceeding concerning a state prisoner, is a federal court required to presume that a state court's factual findings are correct? (MultiRegion, United States of America)
Can a federal habeas court re-examine a state court's determination that a claim raised solely an issue of state law? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.