Blogging Employee Benefits

January 13, 2006

Jurisdiction Present for Action Seeking Legal Relief

Filed under: Litigation — Fuguerre @ 8:08 pm

“Dismissal for lack of subject-matter jurisdiction because of the inadquacy of the federal claim is proper only when the claim is ‘so insubstantial, implausible, foreclosed by prior decisions of this Court, or otherwise completely devoid of merit as not to involve a federal controversy.”

– U.S. Supreme Court, in Steel Co. v. Citizens for a Better Env’t (1998) (quoting Oneida Indian nation of New York v. County of Oneida (1974)), as quoted within the decision discussed in this posting

Reversing its own precedent and a district court decision that had relied on that precedent, the U.S. Court of Appeals for the Sixth Circuit has ruled that the court had jurisdiction to award attorney’s fees and costs pursuant to ERISA 502(g) for an action seeking only legal relief, although that action had been brought under ERISA 502(a)(3) and failed to state a claim under which the relief could be granted. [Primax Recoveries Inc. v. Gunter, 6th Cir., No. 04-6357, 1/12/06]

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