Schicker v. Klenda

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA RICHARD SCHICKER, Plaintiff, 8:20-CV-02 vs. MEMORANDUM AND ORDER CYNTHIA KLENDA, Defendant. This case comes before the Court on Defendant’s Motion to Dismiss under Fed. R. Civ. P. 12(b)(6). Filing 6. The Court finds that Plaintiff has failed to state a claim upon which relief can be granted because his tortious-interference claim is preempted by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001–1461, and because there is no private right of action for his claims under the Nebraska Unfair Insurance Trade…