Legal Opinion
Miller v. Rite Aid Corp.
Court of Appeals for the Ninth Circuit
Decided October 11, 2007No. 05-35505PublishedCited by 9 opinions
1Opinion of the Court
REINHARDT, Circuit Judge:
This case presents the question whether the estate and alleged beneficiaries of an employee who was neither enrolled in, nor eligible for, a life insurance plan regulated by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001, et seq., at the time of her death (which preceded the time this action was filed) may bring an ERISA claim. We hold that these parties may not bring such a claim, and therefore ERISA does not preempt Appellants’ state law claims.
I. Factual and Procedural Background
Connie Miller (“Miller”) was employed by Rite Aid from…
2Cases cited21 opinions
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- Scott v. Gulf Oil Corp.Court of Appeals for the Ninth Circuit · 1985
- Toumajian v. FraileyCourt of Appeals for the Ninth Circuit · 1998
- Richard P. Kuntz v. Nat J. ReeseCourt of Appeals for the Ninth Circuit · 1986
- Harris v. Provident Life and Accident Insurance CompanyCourt of Appeals for the Ninth Circuit · 1994
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3Cited by9 opinions
- Bertoni v. Stock Bldg. SupplyDistrict Court of Appeal of Florida · 2008
- Golden Gate Restaurant Ass'n v. City of San FranciscoDistrict Court, N.D. California · 2007
- Estate Of Virgil Victor Becker, Jr., App. v. Forward Technology Industries, Inc., Res.Court of Appeals of Washington · 2015
- Curry v. CTB McGraw-Hill, LLCCourt of Appeals for the Ninth Circuit · 2008
- Brodowy v. Raytheon Co.Court of Appeals for the Ninth Circuit · 2007
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