Legal Opinion

Evanoff v. Banner Mattress Co., Inc.

District Court, N.D. Ohio

Decided November 16, 2007No. 3:07CV01754PublishedCited by 3 opinions

1Opinion of the Court

ORDER

JAMES G. CARR, Chief Judge.

This case involves a contract dispute over pension benefits. Plaintiff George Evanoff seeks damages under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001 et seq. (ERISA) and various state law claims as a result of Defendant Banner Mattress Company’s [BMC] allegedly wrongful termination of him and interference with his benefits. Pending are defendants’ motions to: 1) dismiss for lack of subject matter jurisdiction, failure to state a claim, and on abstention grounds; 2) pre-empt Evanoffs state law claims; and 3) dismiss Evanoffs request…

2Cases cited25 opinions

  1. Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
  2. Hishon v. King & SpaldingSupreme Court of the United States · 1984
  3. Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985
  4. Mertens v. Hewitt AssociatesSupreme Court of the United States · 1993
  5. Fort Halifax Packing Co. v. CoyneSupreme Court of the United States · 1987

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3Cited by3 opinions

  1. DuBrul v. Citrosuco North America, Inc.District Court, S.D. Ohio · 2012
  2. Evans v. Infirmary Health Services, Inc.District Court, S.D. Alabama · 2009
  3. C.Bruce Batten v. Community Trust and Banking Company - Dissent in PartCourt of Appeals of Tennessee · 2019

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