United States Second Circuit

In an employee's suit against his employer for breach of contract with respect to pension benefits: 1) the district court's denial of the plaintiff's motion to remand the case to state court is affirmed, because the claims were preempted by ERISA, the suit had been properly removed to federal court, and the district court had federal jurisdiction over the case; and 2) the district court's dismissal of the action for failure to state a claim is affirmed, where the plaintiff conceded his employer's authority to amend the pension plan in the way that affected his benefits.

Appellate Information

• Decided 03/09/2012
• Published 03/09/2012

Judges

Court

• United States Second Circuit

Counsel

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