Legal Opinion

Independent Distributors Cooperative USA v. Advanced Insurance Brokerage of America, Inc.

District Court, S.D. Indiana

Decided May 29, 2003No. IP 01-0737-C-B/GPublishedCited by 1 opinion

1Opinion of the Court

ENTRY DENYING DEFENDANT’S MOTION TO DISMISS

BARKER, District Judge.

This matter comes before the court on Defendant Advanced Insurance Brokerage of America, Inc.’s Motion for Summary-Judgment, or in the alternative, to Dismiss. Plaintiff Independent Distributors Cooperative-USA filed suit against Defendant alleging Indiana state law claims of fraud and breach of contract. Defendant argues that Plaintiffs claims are preempted by ERISA and that they are without merit because they are based on contract provisions or facts that do not exist. In the alternative, Defendant moves to dismiss Plaintiffs…

2Cases cited29 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
  3. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  4. Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990
  5. New York State Conference of Blue Cross & Blue Shield Plans v. Travelers InsuranceSupreme Court of the United States · 1995

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3Cited by1 opinion

  1. FinishMaster, Inc. v. Wausau Benefits, Inc.District Court, S.D. Indiana · 2006

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