United States Second Circuit

In a lawsuit against an employer seeking retirement benefits, originally brought in state court and removed to federal court, the district court's denial of the plaintiff's motion to remand the case to state court and its dismissal of the action for failure to state a claim are affirmed, where: 1) removal to federal court was appropriate because the plaintiff's claims were preempted by ERISA; and 2) the district court properly dismissed the plaintiff's complaint because he failed to state a claim for relief that was plausible on its face.

Appellate Information

• Decided 02/09/2012
• Published 02/09/2012

Judges

• Chin

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Ronald S. Greenberg, Michelle Schott