United States Fifth Circuit

Denial of plaintiff's motion to remand to state court, and orders dismissing and compelling arbitration of a negligence case arising out of an on-the-job injury are reversed where ERISA does not preempt plaintiff's state law negligence claim, his complaint raised no federal question, and thus, the district court was without jurisdiction.

Appellate Information

• Decided 08/03/2006
• Published 08/04/2006

Judges

• JERRY E. SMITH, Circuit Judge:, Before SMITH, GARZA and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Jerry J. Galow (argued), Gregory Dale Morrison, Galow, Smith & Morrison, Austin, TX, for Woods.


• For Appellees:
  
• Roger D. Hepworth (argued), George J. Petras, IV, Henslee, Fowler, Hepworth & Schwartz, Austin, TX, for Defendant-Appellee.