MICHAEL JACKSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Bankers Risk Mgmt. Servs., Inc. v. Av-Med Managed Care, Inc., 697 So. 2d 158 (Fla. 2d DCA 1997)
  …mpts “any and all State laws insofar as they may now or hereafter relate to any employee benefit plan.” 29 U.S.C.A. § 1144(a) (West 1996). The issue of federal preemption is a question of subject matter jurisdiction. Hernandez v. Coopervision, Inc., 661 So. 2d 33 (Fla. 2d DCA 1995). Therefore, the question is whether the cause of action set out in the complaint relates to a federally-protected employee benefit plan. There are numerous conflicts within the state and federal courts as to what does or does not…
• In re Est. OF Robert R. Frappier, Jr. v. Bruce Wishnov, D.O., 678 So. 2d 884 (Fla. 4th DCA 1996)
  …emptable. We agree and reverse. Before a state court can conclude that the applicable ERISA federal preemption statute divests it of subject matter jurisdiction, it must be proven that the HMO was an ERISA plan. See Hernandez v. Coopervision, Inc., 661 So. 2d 33 (Fla. 2d DCA 1995). In Coopervision, the plaintiff sought damages for personal injuries incurred from an allegedly defective contact lens manufactured by the defendant. Id. at 34. The trial court accepted the defendant’s claim that the lens was a de…
• State v. Wolland, 902 So. 2d 278 (Fla. 3d DCA 2005)
  …und.5 For a number of reasons, we find that it does not. First, we start by presuming against preemption, a presumption particularly strong because federal and state false claims legislation share common goals.6 See Hernandez v. Coopervision, Inc., 661 So. 2d 33, 34 (Fla. 2d DCA 1995) (confirming that “there is a long-standing presumption against federal preemption of the exercise of the power of the states”); Forum v. Boca Burger, Inc., 788 So. 2d 1055, 1061 (Fla. 4th DCA 2001) (recognizing a presumption…

Authorities Cited

• Reginell Leetrez Gilyard v. State, 636 So. 2d 134 (Fla. 2d DCA 1994)