Prevetire v. Weyher/Livsey Constructors, Inc.

How later courts describe this case

• referring to complete preemption as the "same principle” as the artful pleading doctrine
• federal statute does not “completely pre-empt” state claims absent clear Congressional intent that the federal statute provide an exclusive federal remedy for the acts complained of
• “ERISA section 206(d)(1) protects ERISA-qualified benefits from garnishment only until paid to and received by plan participants or beneficiaries.”
• statements made by trade association's officers, including the president, published in the association's newsletters were adoptive admissions of the association, even though there was a general disclaimed printed at the beginning of the newsletter.
• ERISA does not protect funds once benefits are paid and received