Hernandez v. Jobe Concrete Products, Inc.

EMILIO M. GARZA, Circuit Judge:

Plaintiff-Appellant Jose Hernandez (“Hernandez”) brought this suit in state court against his former employer Jobe Concrete Products, Inc. (“Jobe”) after he suffered an on-the-job injury. After Jobe successfully removed the case to federal court, the district court issued a judgment dismissing Hernandez’s complaint and compelling arbitration between the parties. On appeal, Hernandez challenges the subject matter jurisdiction of the district court. We must decide whether ERISA’s preemption provisions confer federal jurisdiction, or whether the district court…