United States Court of Appeals, Ninth Circuit (1993)
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· 68 citation events
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In Trustees of the Electrical Workers Health & Welfare Trust v. Marjo Corp., 988 F.2d 865, 867 (9th Cir.1992), we interpreted ERISA’s preemption clause broadly, in accordance with two pre-Travelers decisions, Pilot Life Ins.
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Plumbing Industry Board v. E.W. Howell Co. (1997)
Workers Health & Welfare Trust v. Marjo Corp., 988 F.2d 865, 866 (9th Cir.1992) (ERISA preempts state law that makes general contractor liable for contributions owed to plans by subcontractor-employer).
Workers Health & Welfare Trust v. Marjo Corp., 988 F.2d 865, 866 (9th Cir.1992) (ERISA preempts state law that makes general contractor liable for contributions owed to plans by subcontractor-employer).
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William Greenblatt v. Delta Plumbing & Heating Corp. (1995)
Workers Health & Welfare Trust v. Marjo Corp., 988 F.2d 865, 867-68 (9th Cir.1993) (disavowing the pre-emption holding of Carpenters S. Cal. Admin.
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Greenblatt v. Delta Plumbing & Heating Corp. (1995)
Workers Health & Welfare Trust v. Marjo Corp., 988 F.2d 865, 867-68 (9th Cir.1993) (disavowing the pre-emption holding of Carpenters S. Cal. Admin.
Assuming arguendo that these cases are still good law, but see Trustees of Electrical Workers Health and Welfare Trust v. Marjo Corp., 988 F.2d 865, 867-68 (9th Cir.1992), they nonetheless do not support the majority's conclusion. 83 In D & L Camp, the issue was whether the surety of an employer was acting "indirectly in the interests of an employer" under section 1002(5).
Assuming arguendo that these cases are still good law, but see Trustees of Electrical Workers Health and Welfare Trust v. Marjo Corp., 988 F.2d 865, 867-68 (9th Cir.1992), they nonetheless do not support the majority’s conclusion.
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Bd. of Trustees v. FIRST INDEM. (1996)
Workers Health and Welfare Trust v. Marjo Corp., 988 F. 2d 865, 868 (9th Cir.1993) ( Marjo ); Bricklayers, supra, 950 F. 2d at 118; M.C.
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United Ass'n of Journeymen & Apprentices of the Plumbing & Pipefitting Industry of the United States & Canada… (2000)
Nevertheless Grove asserts that the exact issue before this court was already decided in its favor in Trustees of Electrical Workers Health and Welfare Trust v. Marjo, 988 F.2d 865, 867 (9th Cir.1992), which held NRS 608.150 preempted by ERISA.
Workers Health & Welfare Trust v. Marjo Corp., 988 F.2d 865, 867-68 (9th Cir.1993) (disavowing preemption holding of D & L Camp).
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Industrial Truck Ass'n, Inc. v. Henry (1995)
Workers Health & Welfare Trust v. Marjo Corp., 988 F.2d 865, 866 (9th Cir.1992) (citations omitted).
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Southern California Ibew-Neca Trust Funds Barry Meyer Dan Sellersrichard Rizotto v. Standard Industrial Elect… (2001)
See Marjo, 988 F.2d at 867. 21 In Carpenters Health v. Tri-Capital, we admittedly read ERISA's preemption clause very broadly, noting that the Supreme Court has recognized that ERISA preemption is "conspicuous for its breadth." See 25 F.3d 849 , 853 (9th Cir. 1993) (quoting Ingersoll-Rand Co. v. McClendon, 498 U.S. 133, 138 , 112 L.
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Samuel Sandage Cheryl Sandage v. Bankhead Enterprises, Inc., Doing, Business as Bankhead Transportation Equip… (1999)
Second, the “consumer expectation” test requires that the product be “dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases it, with the ordinary knowledge common to the community as to its *675 characteristics Restatement (Second) of Torts § 402A cmt. i (1965); see Pree, 988 F.2d at 865 & 867 (citing Cryts v. Ford Motor Co., 571 S.W.2d 688, 688 (Mo.Ct.App.1978) and Restatement (Second) of Torts § 402A, cmt. i); see also Linega…
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Simas v. Quaker Fabric Corp. of Fall River (1993)
See, e.g., Trust ees of Electrical Workers Health and Welfare Trust v. Marjo Corp., 988 F.2d 865 (9th Cir.1992) (preempting state law imposing liability on general contractors for benefits owed by subcontractors).
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Simas v. Quaker (1993)
See, e.g., ___ ____ Trustees of Electrical Workers Health and Welfare Trust v. __________________________________________________________ Marjo Corp., 988 F.2d 865 (9th Cir. 1992) (preempting state ____________ -17- -17- III.
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John Simas v. Quaker Fabric Corporation of Fall River, Commonwealth of Massachusetts, Intervenor, James N. Gr… (1993)
See, e.g., Trustees of Electrical Workers Health and Welfare Trust v. Marjo Corp., 988 F.2d 865 (9th Cir.1992) (preempting state law imposing liability on general contractors for benefits owed by subcontractors)
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Trustees of the Electrical Workers Health and Welfare Trust Trustees of the Electrical Workers Pension Trust … (1993)
SEE 988 F.2d 865 .
See id. at 1153 n. 13.
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Bellemead Dev. v. NJ COUNCIL, CARP. BEN. FUNDS (1998)
See id. at 1153 n. 13.
See Trustees of Electrical Workers Health and Welfare Trust v. Marjo Corp. , 988 F.2d 865 , 867-68 (9th Cir. 1992); Bricklayers Local 33 v. America's Marble Source , 950 F.2d 114 (3d Cir. 1991); Prestridge v. Shinault , 552 So.2d 643 (La.App.Ct. 1989).