Miller v. PPG Industries, Inc.

MEMORANDUM OPINION

HEYBURN, Chief Judge.

This matter is before the Court on Plaintiffs Renewed Motion to Remand. The Court has carefully considered the arguments and evidence. For the reasons discussed below, the Court will grant Plaintiffs Renewed Motion and remand this action to state court for lack of subject matter jurisdiction.

I

Plaintiff initially filed this action in Kentucky state court against his employer PPG alleging that after he became disabled and could no longer work PPG failed to make certain contractual payments. PPG removed to federal court on the basis of ERISA preemption.…