Frank Lupiani v. Wal-Mart Stores

MELLOY, Circuit Judge.

Plaintiff-employees appeal the district court’s order dismissing their ERISA claims against Wal-Mart Stores, Inc. (“Wal-Mart”) and related entities for lack of subject matter jurisdiction. We reverse and remand.

I

The plaintiffs are participants in three employee benefit plans sponsored by Wal-Mart Stores, Inc. The three plans are: 1) a Profit Sharing Plan; 2) a 401(k) Pension Plan; and 3) a Health and Welfare Plan. These plans include a provision which states that “contractually excluded and certain other union represented associates” are not eligible for coverage. This…