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[Download] "United States v. Carroll" by Eighth Circuit U.S. Court of Appeals # Book PDF Kindle ePub Free

United States v. Carroll

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eBook details

  • Title: United States v. Carroll
  • Author : Eighth Circuit U.S. Court of Appeals
  • Release Date : January 15, 2000
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

Dianne L. Shea brought this wrongful death suit in state court after her husbands death due to heart failure, and the case now has been twice removed to federal court. In this latest removal proceeding, the district court dismissed the tort claim of count III (alleging negligent misrepresentation for the failure of Mr. Sheas physicians to disclose a conflict of interest) as preempted by ERISA. The district court also dismissed a corporate party (Fairview) on statute of limitations grounds. Mrs. Shea appeals the preemption issue, joined by the Secretary of Labor as amicus curiae, and the defendants move to dismiss the appeal as moot. We affirm in part, reverse in part, and deny the motion to dismiss the appeal.


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