United States Tenth Circuit

In a suit bringing tort and contract claims against an insurer under state law, summary judgment for the insurer and denial of leave to amend are affirmed where plaintiffs had viable claims neither inside ERISA nor outside it as they were squeezed between the broad preemptive sweep of ERISA and narrow construction of remedies under the Act itself.

Appellate Information

• Decided 10/31/2006
• Published 11/01/2006

Judges

• McCONNELL, Circuit Judge., Before BRISCOE, McCONNELL, and SILER, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jason B. Aamodt of Miller Keffer Bullock Pedigo, Tulsa, OK, and Morris D. Bernstein, Tulsa, OK, for Appellants.


• For Appellees:
  
• Timothy A. Carney of Gable and Gotwals, Tulsa, OK, for Appellees.