Legal Opinion
Latham v. Lincoln National Life Insurance
District Court, E.D. Kentucky
Decided September 21, 2015No. Civil Action No. 5:15-141-DCRPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
Danny C. Reeves, United States District Court Judge
This matter is pending for consideration of Plaintiff Eileen Latham’s motion for an order regarding whether this action is governed by the Employee Retirement Income Security Act (“ERISA”). 29 U.S.C. §§ 1001, et seq. [Record No. 19] Latham claims that removal under 28 U.S.C. § 1441(a) is improper insofar as it is premised on the existence of a federal question. 28 U.S.C. § 1331. [Record No. 19-1, p. 4] Specifically, she argues that the long-term disability benefits she received from the defendant are not governed…
2Cases cited20 opinions
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Donovan v. DillinghamCourt of Appeals for the Eleventh Circuit · 1982
- Martin Hansen, Cross-Appellee v. The Continental Insurance Company and Commercial Insurance Company of Newark, New Jersey, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1991
- Benjamin Craig Long v. Bando Manufacturing of America, Inc.Court of Appeals for the Sixth Circuit · 2000
- Jayedeane Thompson v. American Home Assurance Company, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1996
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3Cited by2 opinions
- Blake v. Life Insurance Company of North AmericaDistrict Court, W.D. Kentucky · 2021
- Duncan v. Unum Life Insurance Company of AmericaDistrict Court, M.D. Tennessee · 2022