Legal Opinion

Harry J. Perkins, Jr. And Blyonda Ann Perkins v. Time Insurance Company and Randall Davis

Court of Appeals for the Fifth Circuit

Decided April 18, 1990No. 89-4250PublishedCited by 104 opinions

1Opinion of the Court

POLITZ, Circuit Judge:

Harry J. Perkins, Jr. and Blyonda Ann Perkins appeal an adverse summary judgment dismissing their claims against Time Insurance Company (Time) and its agent, Randall Davis, on the grounds that their state law claims were preempted by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq. We affirm the dismissal as to Time, but vacate and remand as to Davis.

Background

Harry Perkins was the general office manager and part owner of Modern Petroleum Technology (MPT) which, upon its formation in 1982, sought to provide medical and death benefits to its…

2Cases cited10 opinions

  1. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  2. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  3. Metropolitan Life Insurance v. MassachusettsSupreme Court of the United States · 1985
  4. The Sommers Drug Stores Co. Employee Profit Sharing Trust, Cross-Appellant v. Corrigan Enterprises, Inc. And Walter N. Corrigan, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1986
  5. Degan v. Ford Motor Co.Court of Appeals for the Fifth Circuit · 1989

5 more not listed; retrieve them via the Exa API.

3Cited by104 opinions

  1. Woodworker's Supply, Inc. v. Principal Mutual Life InsuranceCourt of Appeals for the Tenth Circuit · 1999
  2. Memorial Hospital System v. Northbrook Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1990
  3. James P. Cotton, Jr. v. Massachusetts Mutual LifeCourt of Appeals for the Eleventh Circuit · 2005
  4. Coyne & Delany Co. v. SelmanCourt of Appeals for the Fourth Circuit · 1996
  5. National Security Systems, Inc. v. IolaCourt of Appeals for the Third Circuit · 2012

99 more not listed; retrieve them via the Exa API.

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