United States Fifth Circuit

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E I Dupont de Nemours & Co. v. Sawyer, 06-20865, 07-40574

In an appeal arising out of a dispute between DuPont and former DuPont employees who allege that DuPont fraudulently induced them to terminate their employment and accept employment with a subsidiary that was later sold, an interlocutory order denying DuPont's motions to dismiss employees' state law claims and a dismissal of DuPont's declaratory judgment action are affirmed where: 1) employees' state-law claims are not preempted by the National Labor Relations Act (NLRA) or ERISA; and 2) the threatened suit that DuPont sought to defuse with a declaratory judgment was not an ERISA action, and thus there was no subject matter jurisdiction over DuPont's action.

Appellate Information

  • Decided 02/15/2008
  • Published 02/19/2008


  • KING, Circuit Judge:, Before KING, BARKSDALE and DENNIS, Circuit Judges.


  • United States Fifth Circuit


  • For Appellant:
  • Russell Joe Manning (argued), Tom M. Harrison, Marilyn J. Larsen, Hornblower, Manning & Ward, Corpus Christi, TX, for E.I. DuPont de Nemours & Co., Wade Thomas Howard and Michael Patrick Cash (argued), Winstead P.C., Houston, TX, for Gary Sawyer.

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