Read ERVAST v. FLEXIBLE PRODS. CO., 02-15769, 02-15941

In an action involving an undisclosed merger's impact on stock values held by plaintiff, the district court improperly assumed removal jurisdiction over this case because plaintiff's state law claims for breach of corporate fiduciary duty are not super preempted by ERISA.

Appellate Information

• Decided 09/24/2003
• Published 09/24/2003

Judges

• BIRCH, Circuit Judge:, Before BIRCH and HULL, Circuit Judges, and EDENFIELD , District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Douglas R. Kertscher,Peter F. Schoenthaler, Atlanta, GA, for Ervast., Howard Douglas Hinson, Patrick Connors DiCarlo, Alston & Bird, Atlanta, GA, for Flexible Products Co., Peterson and Cruickshank.