Legal Opinion

Nixon v. Vaughn

District Court, W.D. Louisiana

Decided October 16, 2012No. 2:12-CV-00308PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM RULING

PATRICIA MINALDI, District Judge.

Before the court is a Motion to Dismiss Pursuant to Rule 12(b)(6) [Doc. 10], filed by the defendants, CITGO Petroleum Corporation (“CITGO”) and Fidelity Invest*557ments Institutional Operations Company, Inc. (“Fidelity”). The motion is opposed by the plaintiff, Mary Nixon [Doc. 14]. CITGO and Fidelity filed a Reply to the plaintiffs opposition [Doc. 15]. The undersigned finds that this court does not have subject matter jurisdiction over the instant case because the plaintiffs claims are not completely preempted under ERISA. Therefore, the…

2Cases cited28 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  3. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  4. Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
  5. Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985

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

3Cited by2 opinions

  1. Clayton v. Elite Restaurant Partners, LLCDistrict Court, E.D. Texas · 2022
  2. Springman v. Diamondback E&P LLCDistrict Court, W.D. Texas · 2023

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