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Politics : Liberalism: Do You Agree We've Had Enough of It?

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To: Kenneth E. Phillipps who wrote (72264)9/18/2009 12:39:16 PM
From: mph2 Recommendations  Read Replies (1) of 224744
 
Whther or not that's true really has no bearing on the accuracy of your statements.

Your point was to undercut the suggestion that insurance should be sold across state lines. You made the bald statement that you can't sue your insurer in state court.

The reality is that subject matter jurisdiction for ERISA cases is in federal court, but that the federal court sitting in a state will use the personal jurisdiction rules of that state.

So, for personal jdx issues, it doesn't matter whether the insurance is provided by the employer. There are also some exceptions to exclusive federal jurisdiction in this area, if I remember correctly.
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