Provident Life and Accident Insurance Co. v. Thomas Linthicum, Patricia Linthicum, Christy Linthicum

Thomas Linthicum and Patricia Linthi-cum, husband and wife, and their daughter, Christy Linthicum, appeal from a final order entered in the District Court 1 for the Western District of Arkansas holding that the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. § 1001 et seq. (ERISA), preempted the state subro-gation law. Provident Life & Accident Insurance Co., 743 F.Supp. 662 (W.D.Ark.1990) (memorandum opinion). For reversal, the Linthicums argue the district court erred in (1) holding that the ERISA preemption claim was not barred by res judica-ta and (2) holding ERISA…