Both state and federal courts have original jurisdiction over
ERISA benefits actions. See29 U.S.C. § 1132(e)(1), ERISA
§ 502(e)(1). But litigants (and defendants in particular) have
historically preferred the federal courts, such that the federal
courts typically have more experience with, and are better equipped
to handle, ERISA's peculiarities. When a claimant sues in state
court, however, removal to federal court should not be a forgone
conclusion just because ERISA issues may be involved. Because only
certain types of cases are subject to removal and because of rigid
time and procedural requirements, an analysis of whether to remove
a case involving ERISA issues must be prompt and informed. This
article provides a reminder and summary of one key
consideration—complete versus conflict preemption.
