Legal Opinion

Cherochak v. Unum Life Insurance Co. of America

District Court, D. South Carolina

Decided October 7, 2009No. 9:07-cv-03061Published

1Opinion of the Court

ORDER

PATRICK MICHAEL DUFFY, District Judge.

This matter is before the court upon Plaintiff Joseph G. Cherochack, Jr.’s Motion to Alter or Amend Judgment and Motion to Amend Complaint. Based on the following, the court denies Plaintiffs Motions.

ANALYSIS

Plaintiff stated in his memorandum that “[i]n light of case law regarding enforcement of the Regulatory Settlement Agreement (“RSA”), the Plaintiff concedes that his first [declaratory judgment] and third [breach of contract] causes of action are, in fact, pre-empted by ERISA and therefore, should be decided upon the facts as set forth in…

2Cases cited3 opinions

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  3. Goldberg v. Unum Life Insurance Co. of AmericaDistrict Court, D. Maine · 2007

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API