United States Eighth Circuit

Plaintiff's retaliatory discharge claim was completely preempted by ERISA, as the heart of her lawsuit was a claim that defendant violated its ERISA plan by classifying her condition as a sickness rather than an accident, and the district court did not err in removing the suit to federal court.

Appellate Information

• Decided 07/06/2004
• Published 07/06/2004

Judges

• COLLOTON, Circuit Judge., Before MELLOY, FAGG, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael M. Bader, argued, St. Paul, Minnesota, for appellant.


• For Appellees:
  
• Rolf Gilbertson, argued, Minneapolis, Minnesota (Chad A. Snyder on the brief), for appellees Gates McDonald Co., R. Scott Davies, argued, Minneapolis, Minnesota (Jason M. Hedican on the brief), for appellees AT & T Corp.