Legal Opinion

Jeannie Barrientos v. Reliance Standard Life Insurance Company and David R. Barrientos

Court of Appeals for the Fifth Circuit

Decided October 10, 1990No. 89-1454, 89-1552PublishedCited by 33 opinions

1Opinion of the Court

BARKSDALE, Circuit Judge:

Jeannie Barrientos (Barrientos) appeals the Fed.R.Civ.P. 12(b)(6) dismissal, based on ERISA 1 preemption, of her state law claims against David R. Barrientos and Reliance Standard Life Insurance Company (Reliance). We AFFIRM.

I

Barrientos was married to Jose Barrien-tos, who participated in his employer’s group life insurance plan with Reliance, insuring his life for $13,500, with Barrien-tos as beneficiary. Barrientos’ complaint alleges that all policy premiums were deducted from her husband’s salary, which were community funds, and that therefore, the policy was…

2Cases cited5 opinions

  1. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  2. Metropolitan Life Insurance v. MassachusettsSupreme Court of the United States · 1985
  3. Baton Rouge Building and Construction Trades Council Afl-Cio v. Jacobs Constructors, Inc.Court of Appeals for the Fifth Circuit · 1986
  4. Sam C. Gonzales v. The Prudential Insurance Co. Of AmericaCourt of Appeals for the Fifth Circuit · 1990
  5. Fmc Corporation v. Cynthia Ann HollidayCourt of Appeals for the Third Circuit · 1989

3Cited by33 opinions

  1. Constance Chaix INDEST, Plaintiff-Appellant, v. FREEMAN DECORATING, INC. and Larry Arnaudet, Defendants-AppelleesCourt of Appeals for the Fifth Circuit · 1999
  2. Federal Deposit Insurance Corporation v. Ernst & YoungCourt of Appeals for the Fifth Circuit · 1992
  3. Harry Lee Jackson v. City of Beaumont Police Department, Don Gordon, Officer, and E.R. Pachall, OfficerCourt of Appeals for the Fifth Circuit · 1992
  4. McCann v. Texas City Refining, Inc.Court of Appeals for the Fifth Circuit · 1993
  5. Ulric Paul Giddings v. Ronald C. Chandler, District Director InsCourt of Appeals for the Fifth Circuit · 1992

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