Legal Opinion
Vernal Forbus Earl J. Beacham Rudolph Caddell Frank R. Davis Vernie Rhodes, Jr. v. Sears Roebuck & Company
Court of Appeals for the Eleventh Circuit
Decided September 2, 1994No. 93-6404PublishedCited by 81 opinions
1Opinion of the Court
DUBINA, Circuit Judge:
Vernal Forbus, et al. (“the plaintiffs”) appeal the district court’s grant of partial summary judgment to Sears Roebuck & Company (“Sears”). The plaintiffs challenge the district court’s order allowing Sears to amend its answer in order to assert the affirmative defense of ERISA preemption, as well as the district court’s conclusion that their state law fraud claims are preempted by ERISA. We hold that it was not an abuse of discretion for the district court to allow Sears to amend its answer. However, we hold that the district court erred in its conclusion regarding the…
2Cases cited17 opinions
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- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
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3Cited by81 opinions
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