Carmen Peralta v. Hispanic Business, Inc.

RESTANI, Judge:

Carmen Peralta appeals the district court’s grant of summary judgment in favor of her former employer, Hispanic Business, Inc. (“HBI”). Peralta alleges that HBI breached its fiduciary duty as an ERISA plan administrator by failing to inform her in a timely manner that her ERISA benefit plan for long-term disability insurance had been cancelled. The district court found that any state law claims were preempted by ERISA and that the remedy sought was not available under ERISA. On appeal, Peralta asserts that subject matter jurisdiction is lacking or, in the alternative, that an…