Legal Opinion

Employee Staffing Services, Inc. v. Aubry

Court of Appeals for the Ninth Circuit

Decided April 5, 1994No. 93-15482PublishedCited by 20 opinions

1Opinion of the Court

KLEINFELD, Circuit Judge:

The premise of the complaint in this case is that ERISA opened a loophole so that employers could avoid buying workers’ compensation insurance. It does not. The obligations of California workers’ compensation insurance cannot be avoided by substituting an ERISA plan’s coverage for work-related injuries. We affirm the district court’s dismissal of the complaint.

Facts. Employee Staffing sponsors an ERISA plan. The ERISA plan covers work-related injuries and provides medical, health, and life insurance benefits. Stafcor, a subsidiary of Employee Staffing, employs workers…

2Cases cited9 opinions

  1. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  2. Beckman Industries, Inc. Smithkline Beckman, and Stauffer Chemical Company, Intervenors-Appellees v. International Insurance Company, Beckman Industries, Inc. Smithkline Beckman, and Monsanto Company Reichhold Limited Fmc Corporation Bridgestone/firestone, Intervenors-Appellees v. International Insurance CompanyCourt of Appeals for the Ninth Circuit · 1992
  3. Securities & Exchange Commission v. United States Realty & Improvement Co.Supreme Court of the United States · 1940
  4. District of Columbia v. Greater Washington Board of TradeSupreme Court of the United States · 1992
  5. United States of America, and Lummi Indian Tribe, Intervenor-Appellant v. State of WashingtonCourt of Appeals for the Ninth Circuit · 1992

4 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. John E. Ward v. Management Analysis Company Employee Disability Benefit Plan, and Unum Life Insurance Company of AmericaCourt of Appeals for the Ninth Circuit · 1998
  2. Department of Industrial Relations v. Nielsen Construction Co.California Court of Appeal · 1996
  3. Golden Gate Restaurant Ass'n v. City of San FranciscoDistrict Court, N.D. California · 2007
  4. Employers Resource Management Co., Inc. v. JamesDistrict Court, E.D. Virginia · 1994
  5. Contract Services Network, Inc. v. AubryCourt of Appeals for the Ninth Circuit · 1995

15 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API