Legal Opinion
Bourns, Inc. v. KPMG Peat Marwick
District Court, C.D. California
Decided July 8, 1994No. CV 94-2006 SVW (BRx)PublishedCited by 9 opinions
1Opinion of the Court
ORDER DENYING MOTION TO DISMISS AND GRANTING MOTION TO REMAND
WILSON, District Judge.
This case was initially filed by plaintiff in state court and was subsequently removed by defendant KPMG Peat Marwick (“Peat Mar-wick”). Peat Marwick based the removal on ERISA preemption of plaintiffs claims. Peat Marwick has made a motion to dismiss on' the basis of ERISA preemption, and plaintiff has made a competing motion to remand. The Court has determined that the motion to dismiss will be denied and the motion to remand will be granted.
Plaintiffs claims are pleaded as state law claims for accountant…
2Cases cited14 opinions
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Mertens v. Hewitt AssociatesSupreme Court of the United States · 1993
- MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Custer v. SweeneyCourt of Appeals for the Fourth Circuit · 1996
- In Re Enron Corp. Securities, Derivative & ERISADistrict Court, S.D. Texas · 2003
- Torres v. Bella Vista Hospital, Inc.District Court, D. Puerto Rico · 2007
- Miller v. Retirement Funding Corp.District Court, W.D. Michigan · 1996
- Ray v. Value Behavioral Health, Inc.District Court, D. Nevada · 1997
4 more not listed; retrieve them via the Exa API.