Bullock v. Equitable Life Assurance Society of the United States

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case requires that we again visit the uncertain ground of preemption under the Employment Retirement Income Security Act. 1 On interlocutory appeal, the insurer asks us to overturn the district court’s finding that ERISA does not preempt a claimant’s state law claims. We are persuaded that the claims as now framed are preempted. We vacate the district court’s judgment and remand for further proceedings.

I

Thomas Bullock began working as an agent for The Equitable Life Assurance Society in 1973. In early 1994, he became its Agency Manager, responsible…