Felix v. Lucent Technologies, Inc.
Court of Appeals for the Tenth Circuit
1Opinion of the Court
EBEL, Circuit Judge.
Plaintiffs, a group of former employees of Defendant Lucent Technologies, Inc. (“Defendant”), sued Defendant in state court for fraud arising out of alleged misrepresentations made in encouraging Plaintiffs to take an early retirement benefits package. Defendant removed the case to federal court on the basis of complete preemption under the Employee Retirement Income Security Act (“ERISA”) and the Labor Management Relations Act (“LMRA”), and then moved to dismiss. Plaintiffs filed a motion to remand, which was denied by the district court on the basis of ERISA complete…
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