United States Ninth Circuit

District court erred in dismissing plaintiff's breach of contract claim as preempted under ERISA. As it is merely a claim for reimbursement based upon the third-party settlement, it does not "relate to" the ERISA plan; and because plaintiff is seeking ordinary damages based upon contractual remedies that arise under state law, its claim is not within ERISA's civil enforcement provisions.

Appellate Information

• Argued 12/05/2003
• Decided 03/24/2004
• Published 03/24/2004

Judges

• Before BRUNETTI, T.G. NELSON, and GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• William F. Gary,Sharon A. Rudnick, Arden J. Olson, Harrang Long Gary Rudnick, P.C., Eugene, OR, for the plaintiff-appellant.


• For Appellees:
  
• Gordon T. Carey, Jr., Portland, OR, for the defendants-appellees.