Gorman v. Life Insurance Co. of North America

OPINION ON REHEARING

DUGGAN, Justice.

The opinion issued March 17, 1988 is withdrawn.

After a jury awarded the appellants $1,948,000 plus attorney’s fees for breach of contract and tortious actions by the ap-pellees, the trial court entered a take-nothing judgment in response to the appellees’ motion for judgment n.o.v.

Appellants assert the trial court erred in disregarding the jury’s answer to a special issue, in granting the judgment n.o.v., and in excluding certain evidence. Appellees assert in cross-points that ERISA preempts appellants’ state law claims. Due to the jurisdictional nature of…