Legal Opinion
Fred D. Campbell v. The Aerospace Corporation Arthur J. Schiewe
Court of Appeals for the Ninth Circuit
Decided September 3, 1997No. 95-56007PublishedCited by 31 opinions
1Per curiam
OVERVIEW
Fred D. Campbell sued his employer, The Aerospace Corporation (“Aerospace”), in state court for wrongful and tortious discharge. The case was removed to federal court on an ERISA preemption theory because his complaint referred in a prayer for punitive damages to a negative impact on his retirement benefits. Campbell did not prevail on any of his causes of action. He appeals, claiming that the district court had no subject matter jurisdiction to hear his case.
To decide Campbell’s claim, we must answer two questions. First, does ERISA necessarily preempt a state cause of action…
2Cases cited19 opinions
- Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986
- Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990
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3Cited by31 opinions
- John T. Eastman v. Marine Mechanical CorporationCourt of Appeals for the Sixth Circuit · 2006
- Benjamin Craig Long v. Bando Manufacturing of America, Inc.Court of Appeals for the Sixth Circuit · 2000
- Schnabel v. LuiCourt of Appeals for the Ninth Circuit · 2002
- Kelly Renee Neumann v. At & T Communications, Inc., Kelly Renee Neumann v. At & T Communications, Inc., a Delaware Corporation Gates McDonald Co., an Ohio CorporationCourt of Appeals for the Eighth Circuit · 2004
- Thurkill v. the Menninger Clinic, Inc.District Court, D. Kansas · 1999
26 more not listed; retrieve them via the Exa API.