Gulf Coast Alloy Welding, Inc. v. Legal Security Life Insurance Co.

I respectfully dissent. Ingersoll-Rand Co. v. McClendon, 498 U.S. 133, 111 S.Ct. 478, 112 L.Ed.2d 474 (1990), is still good law, as recognized in California Division of Labor Standards Enforcement v. Dillingham Construction N.A., Inc., 519 U.S. 316, 117 S.Ct. 832, 837-38, 136 L.Ed.2d 791 (1997). The Ingersoll-Rand, Court held unanimously and “without difficulty” that ERISA preemption barred an employee’s wrongful discharge suit against his employer for damages. Ingersoll-Rand, 498 U.S. at 135-36, 140, 111 S.Ct. at 481, 483. The present suit is by one ERISA entity (the employer, Gulf Coast)…