Legal Opinion
Ervast v. Flexible Products Co.
Court of Appeals for the Eleventh Circuit
Decided September 24, 2003No. 02-15769, 02-15941PublishedCited by 89 opinions
1Opinion of the Court
BIRCH, Circuit Judge:
This case arose when an employee collected benefits from an Employee Stock Ownership Plan (“ESOP”) at the time of his resignation from the company. The company did not disclose information to him about a potential merger during the time he made his decision to resign. The employee claims he was entitled to the information and seeks damages for the difference in stock price. The issue before us is whether he will litigate that claim in state court, where he filed the case, or in federal court, where the defendants removed it by arguing complete preemption under the…
2Cases cited20 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Taylor v. AndersonSupreme Court of the United States · 1914
- Michael A. Lupo v. Human Affairs International, Inc.Court of Appeals for the Second Circuit · 1994
- Shannon Leonard v. Enterprise Rent A CarCourt of Appeals for the Eleventh Circuit · 2002
15 more not listed; retrieve them via the Exa API.
3Cited by89 opinions
- James P. Cotton, Jr. v. Massachusetts Mutual LifeCourt of Appeals for the Eleventh Circuit · 2005
- Connecticut State Dental Ass'n v. Anthem Health Plans, Inc.Court of Appeals for the Eleventh Circuit · 2009
- Lanfear v. Home Depot, Inc.Court of Appeals for the Eleventh Circuit · 2012
- Franciscan Skemp Healthcare, Inc. v. Central States Joint Bd. Health and Welfare Trust FundCourt of Appeals for the Seventh Circuit · 2008
- Jones v. American General Life & Accident InsuranceCourt of Appeals for the Eleventh Circuit · 2004
84 more not listed; retrieve them via the Exa API.