United States Ninth Circuit

Dismissal of a former employee's claims alleging wrongful termination of employment and disability payments, pursuant to a finding of Employee Retirement Income Security Act (ERISA) preemption, is reversed and remanded where, although Xerox's Long-Term Disability Plan is an employee welfare benefit plan that falls within the scope of ERISA, it may qualify as a "payroll practice," exempted from ERISA, even though it paid less than the employee's full salary.

Appellate Information

• Argued 12/05/2005
• Decided 09/12/2006
• Published 09/12/2006

Judges

• PREGERSON, Circuit Judge., Before PREGERSON, NOONAN, and THOMAS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kathleen A. Brewer, Westlake Village, CA, for the plaintiff-appellant.


• For Appellees:
  
• Richard J. Pautler, Thompson Colburn, LLP, St. Louis, MO, for the defendants-appellees.