United States Second Circuit

A group or association that contains non-employers cannot be an "employer" within the meaning of ERISA, thus plaintiff's claims did not relate to an ERISA plan (and were therefore not pre-empted by ERISA) and the district court lacked subject-matter jurisdiction over her complaint.

Appellate Information

• Decided 06/06/2002
• Published 06/06/2002

Judges

• SOTOMAYOR, Circuit Judge., Before: WALKER, Chief Judge, F.I. PARKER, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Frances K. Browne,Rosenman & Colin LLP, New York, N.Y. (Martin E. Karlinsky, James S. Frazier, on the brief), for the appellant.


• For Appellees:
  
• Brian M. Culnan, Iseman, Cunningham, Riester & Hyde, LLP, Albany, NY, for the appellee.