California Spine And Neurosurgery Institute v. JP Morgan Chase & Co.

Background

California Spine And Neurosurgery Institute sued JP Morgan Chase & Co. and other defendants. The defendants removed the action from Alameda County Superior Court to federal court, asserting federal-question jurisdiction based on Title 29 U.S.C. § 1132.

Issues Identified by the Court

The court directed the parties to prepare for argument at a December 18, 2019 hearing on the defendants’ motion to dismiss. The central question was whether § 1132 allowed the defendants to remove the case based on a federal question.

The court specifically asked the parties to address whether Ninth Circuit precedent required remand to Alameda County Superior Court under § 1132’s complete-preemption doctrine. Complete preemption can allow a state-law claim to be treated as a federal claim for purposes of removal. The court also asked the defendants to provide authority supporting their position that the plaintiff’s failure to challenge removal based on complete preemption allowed the federal court to retain subject-matter jurisdiction.

The court further instructed the parties to use the correct statutory references: § 1132 for complete preemption and Title 29 U.S.C. § 1144 for express preemption.

Order

Judge Phyllis J. Hamilton ordered the parties to prepare for the December 18, 2019 hearing. The opinion does not state a final ruling on the motion to dismiss, federal jurisdiction, removal, or remand.