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United States Ninth Circuit


Miller v. Rite Aid Corp., 05-35505

The estate and alleged beneficiaries of an employee who was neither enrolled in, nor eligible for, a life insurance plan regulated by the Employee Retirement Income Security Act (ERISA) may not bring an ERISA claim, and thus ERISA did not preempt appellants' state law claims against Rite Aid.

Appellate Information

  • Argued 07/11/2007
  • Decided 10/11/2007
  • Published 10/11/2007

Judges

  • REINHARDT, Circuit Judge:, Before:  STEPHEN REINHARDT, CYNTHIA HOLCOMB HALL, and MILAN D. SMITH, JR., Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • J. Michael Alexander, Swanson, Lathen, Alexander & McCann, PC, Salem, OR, for the appellants.

  • For Appellees:
  • Bruce A. Rubin and Jennifer J. Roof, Miller Nash LLP, Portland, OR, for the appellees.
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