United States Eighth Circuit

In an employment dispute involving disability benefits, district court's grant of summary judgment for defendant is affirmed where: 1) ERISA preempted plaintiff's state-law pension-related claims, and the district court properly concluded that original jurisdiction was present when defendant removed the case to federal court; 2) the court did not err in granting summary judgment on plaintiff's disability-discrimination claim, as plaintiff failed to show defendant regarded him as having an impairment that materially limited him from working; 3) the court did not err in granting summary judgment on claim that plaintiff suffered discriminatory reprisal, as defendant had legitimate, non-discriminatory grounds for the employment actions it took, which plaintiff failed to show were pretexts; and 4) the court did not err in granting summary judgment on plaintiff's claims of misrepresentation.

Appellate Information

• Decided 06/03/2009
• Published 06/03/2009

Judges

• MELLOY, Circuit Judge., Before MURPHY, MELLOY, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Charles L. Friedman, Minneapolis, MN, for appellant.


• For Appellees:
  
• David M. Wilk, St. Paul, MN, for appellee.