United States Eighth Circuit

Order dismissing plaintiffs-employees' ERISA claims against defendant-retailer is reversed where the district court erred in holding that jurisdiction over the matter was preempted by the primary jurisdiction of the National Labor Relations Board under the National Labor Relations Act.

Appellate Information

• Decided 01/19/2006
• Published 01/19/2006

Judges

• MELLOY, Circuit Judge., Before MELLOY, BRIGHT, and BOWMAN, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David A. Rosenfeld, argued, Oakland, CA (Christian L. Raisner and David A. Bohl, on the brief), for appellant.


• For Appellees:
  
• Mark A. Casciari, argued, Chicago, IL (Ian H. Morrison, on the brief), for appellee.