Legal Opinion

Curry v. CTB McGraw-Hill, LLC

Court of Appeals for the Ninth Circuit

Decided October 9, 2008No. 06-15397PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM *

Plaintiffs seek benefits under the Employee Retirement Income Security Act (“ERISA”) and state law. The district court granted Defendants’ motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). We affirm.

I. Plaintiffs’ claims under ERISA

“[A] federal court has no jurisdiction to hear a civil action under ERISA that is brought by a person who is not a ‘participant, beneficiary, or fiduciary.’ ” Harris v. Provident Life & Accident Ins. Co., 26 F.3d 930, 933 (9th Cir.1994). Contrary to Plaintiffs’ assertions, we have not held that all common law employees are entitled…

2Cases cited4 opinions

  1. American Title Insurance Company v. Lacelaw CorporationCourt of Appeals for the Ninth Circuit · 1988
  2. Harris v. Provident Life and Accident Insurance CompanyCourt of Appeals for the Ninth Circuit · 1994
  3. Vizcaino v. Microsoft Corp.Court of Appeals for the Ninth Circuit · 1997
  4. Miller v. Rite Aid Corp.Court of Appeals for the Ninth Circuit · 2007

3Cited by1 opinion

  1. Mull v. Motion Picture Industry Health PlanDistrict Court, C.D. California · 2012

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