Eighth Circuit -- Joyce Johnson v. MFA Petroleum Company

Absence of a federal cause of action creates strong presumption  against a 'complete' preemption of state law -- 'complete' preemption allows removal to federal court despite the plaintiff's only having raised state claims.

Remand for CAFA analysis.


Dissent - Complete preemption is merely field preemption -- clearly no need for a statutory cause of action to find field preemption.   On-point precedent for this specific claim.

Joyce Johnson  v.  MFA Petroleum Company