Legal Opinion
Jimmy Weaver and Jeanette Weaver v. Employers Underwriters, Inc., Malcolm Rodrigues, D/B/A Rodrigues Logging, and Lisa Elliott
Court of Appeals for the Fifth Circuit
Decided March 10, 1994No. 93-4153PublishedCited by 40 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
The district court held that certain claims by an independent contractor against his employer were preempted by the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001-1461. We reverse.
I
Malcolm Rodrigues owned an unincorporated logging business and hired Jimmy Weaver as a “saw hand” to fell timber in certain tracts of land designated to him by Rodrigues. Rodrigues would tell Weaver on what portion of land he was to cut timber, what days he would need to work, and the time of day he should be at work. Weaver (and the other saw hands…
2Cases cited20 opinions
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
- Community for Creative Non-Violence v. ReidSupreme Court of the United States · 1989
- Memorial Hospital System v. Northbrook Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1990
- Martin Hansen, Cross-Appellee v. The Continental Insurance Company and Commercial Insurance Company of Newark, New Jersey, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1991
- Hermann Hospital v. Meba Medical & Benefits PlanCourt of Appeals for the Fifth Circuit · 1988
15 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Vilma Lissette Vega Jose Vega v. National Life Insurance Services, Inc., Pan-American Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1999
- McNeil v. Time Insurance CoCourt of Appeals for the Fifth Circuit · 2000
- Rebecca T. Hubbard and Jim Hubbard v. Blue Cross & Blue Shield Association, Blue Cross & Blue Shield AssociationCourt of Appeals for the Fifth Circuit · 1995
- The Meadows, an Arizona Corporation v. Employers Health Insurance, a Wisconsin Corporation Doing Business in the State of ArizonaCourt of Appeals for the Ninth Circuit · 1995
- Cypress Fairbanks Medical Center Inc. v. Pan-American Life Insurance Company National Insurance Services, Inc.Court of Appeals for the Fifth Circuit · 1997
35 more not listed; retrieve them via the Exa API.