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HANSEN v. HARPER EXCAVATING, INC.

No. 08-4089.

641 F.3d 1216 (2011)

Jeffrey HANSEN, an individual, Plaintiff-Appellant, v. HARPER EXCAVATING, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 13, 2011.

Attorney(s) appearing for the Case

April Hollingsworth of the Hollingsworth Law Office, LLC ( Leslie G. Schaar of Hoole & King LC, with her on the brief), Salt Lake City, UT, for Plaintiff-Appellant.

Ryan B. Hancey ( Scott O. Mercer with him on the brief) of Kesler & Rust, Salt Lake City, UT, for Defendant-Appellee.

Before TYMKOVICH, EBEL, and GORSUCH, Circuit Judges.

EBEL, Circuit Judge.

This case requires us to address the preemptive scope of the Employee Retirement Income Security Act ("ERISA"), as well as to clarify the relationship between judicial estoppel and subject-matter jurisdiction. Jeffrey Hansen worked for Harper Excavating for six months beginning in 2003. During this time, he attempted to enroll in Harper's ERISA-regulated health insurance plan, but, unbeknownst to him, Harper never effectively enrolled him in the...

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