Legal Opinion

Tovey v. Prudential Ins. Co. of America

District Court, W.D. Missouri

Decided March 11, 1999No. 98-6194-CV-SJ-1PublishedCited by 12 opinions

1Opinion of the Court

ORDER

WHIPPLE, District Judge.

Two motions are pending before the Court. Plaintiff Joyce Tovey has moved the Court to remand her case to the Circuit Court of Buchanon County, Missouri for lack of federal subject matter jurisdiction. Defendants Specialized Support Services, Inc. and Prudential Insurance Company of America have moved the Court to dismiss Tovey’s suit on grounds that her claims are preempted by § 514 of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1144. The Court has read all of the parties’ briefs on both motions. Because the Court must have subject matter…

2Cases cited30 opinions

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  3. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  4. Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
  5. Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988

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3Cited by12 opinions

  1. Ervast v. Flexible Products Co.Court of Appeals for the Eleventh Circuit · 2003
  2. Billy Prince v. Sears Holdings CorporationCourt of Appeals for the Fourth Circuit · 2017
  3. Ackerman v. Fortis Benefits InsuranceDistrict Court, S.D. Ohio · 2003
  4. Graham v. Hubbs Machine & Manufacturing, Inc.District Court, E.D. Missouri · 2014
  5. Prudential Ins. Co. of America v. DoeDistrict Court, E.D. Missouri · 1999

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