distinguishing between the complete preemption doctrine of federal jurisdiction and the affirmative defense of ordinary preemption
How later courts described this case
- distinguishing between the complete preemption doctrine of federal jurisdiction and the affirmative defense of ordinary preemption
- applying this standard to review of motions denying a new trial after summary judgment was granted
- defining the standard of review for jurisdictional questions
Written by the judges who cited it.
The opinion
T 39 TAYLOR, J.,
dissenting.
I respectfully dissent for the reason that the language, meaning and intent of the reimbursement terms of this insurance contract are clear and unambiguous. The trial court was correct in its decision.