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Removal and Remand

Removal and Remand

Motion to Remand Where Employer Targeted ERISA Benefits, submitted by Jeffrey A. Levinson. The Complaint alleged the employer withheld ERISA benefits to retaliate against an employee for opposing discrimination. The employer removed to Federal Court, arguing this was a claim under or preempted by ERISA. This thorough (copy protected) brief resulted in remand.

Retaliation and Harassment Claims Against Individual Defeat Diversity, submitted by Michelle A. Reinglass. This motion to remand demonstrates that FEHA retaliation and harassment claims against a manager are viable, defeating diversity of citizenship and requiring remand.
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Defamation Claim Against Individual Defeats Complete Diversity, submitted by Lauren Mayo-Abrams. Defendants removed, alleging complete diversity of citizenship. This motion to remand shows that diversity is defeated by valid defamation claim pleaded against manager individually.
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