United States Eleventh Circuit

Orders granting motions to dismiss, where plaintiffs' state law claims were defensively preempted, and dismissing all claims apart from ERISA claims in one count, and striking plaintiffs' jury demand for ERISA claim, are affirmed over claims that: 1) the district court erred in denying plaintiffs' motion to remand as the relevant ERISA plan had been terminated by the time their claims accrued and that, therefore, their claims cannot be preempted by ERISA; and 2) plaintiffs' state law claims should be remanded as they are not completely preempted by ERISA.

Appellate Information

• Decided 07/31/2006
• Published 07/31/2006

Judges

• KRAVITCH, Circuit Judge:, Before EDMONDSON, Chief Judge, and HILL and KRAVITCH, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Jeff S. Daniel, Law Office of Jeff S. Daniel, P.C., Richard F. Horsley, Goozee, King & Horsley, Birmingham, AL, for Plaintiffs-Appellants.


• For Appellees:
  
• William H. Brooks, Michael L. Bell, Wynn M. Shuford, Sarah Oliver Warburton, Lightfoot, Franklin & White, L.L.C., Birmingham, AL, Ron Schlager, Law Offices of Ron Schlager, Sherman Oaks, CA, for Defendants-Appellees.