Custom Rail Employer Welfare Trust Fund. v. Geeslin, 06-50106
In an injunctive and declaratory action brought by an employee welfare benefit plan against the Texas Commissioner of Insurance to require the state to accept the preemptive effect of federal law (ERISA), summary judgment for the Commissioner is affirmed as, because the Secretary of Labor has not declared that plaintiff is a "fully insured" multiple employer welfare arrangement, it is not "fully insured" within the requirement of the statute for preemption purposes.
- Decided 06/27/2007
- Published 06/27/2007
- E. GRADY JOLLY, Circuit Judge:, Before JONES, Chief Judge, and JOLLY and STEWART, Circuit Judges.
- United States Fifth Circuit
- For Appellant:
- Daniel K. Craddock, Stumpf, Craddock, Massey & Farrimond, Austin, TX, Daniel Joseph Zollner (argued), Ross, Dizon & Bell, Chicago, IL, for Plaintiff-Appellant.
- For Appellees:
- John Matthew Hohengarten, Financial Litigation Div., Sean Jordan (argued), Austin, TX, for Defendant-Appellee.