Legal Opinion

John Woodfork v. Marine Cooks & Stewards Union

Court of Appeals for the Fifth Circuit

Decided April 17, 1981No. 78-1324PublishedCited by 92 opinions

1Opinion of the Court

TJOFLAT, Circuit Judge:

In this federal diversity case we must decide whether federal law, under either the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1381 (1976), or § 301 or § 302 of the TaftHartley Act, 29 U.S.C. §§ 185 and 186 *968(1976), preempts a merchant seaman’s state-law claim that he is entitled to pension benefits. The district court determined that ERISA preempted the claim and accordingly dismissed the case. We think the district court misconstrued ERISA’s preemption provision in making that determination and therefore reverse and remand the case for…

2Cases cited15 opinions

  1. United States v. Wong Kim Bo, A/K/A Yee Kuk Ho, Etc.Court of Appeals for the Fifth Circuit · 1972
  2. Watson v. Employers Liability Assurance Corp.Supreme Court of the United States · 1955
  3. Lillian Yanks Rehmar v. Bernard L. SmithCourt of Appeals for the Ninth Circuit · 1977
  4. Alvares v. EricksonCourt of Appeals for the Ninth Circuit · 1975
  5. Zeigler Coal Co. v. KleppeCourt of Appeals for the D.C. Circuit · 1976

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

3Cited by92 opinions

  1. Degan v. Ford Motor Co.Court of Appeals for the Fifth Circuit · 1989
  2. Thomas Menhorn v. Firestone Tire & Rubber Co.Court of Appeals for the Ninth Circuit · 1984
  3. Michael J. Sutton and John Wiley Mitchell v. United StatesCourt of Appeals for the Fifth Circuit · 1987
  4. Whitworth Bros. Storage Company v. Central States, Southeast and Southwest Areas Pension Fund, DefendantsCourt of Appeals for the Sixth Circuit · 1986
  5. Barrowclough v. Kidder, Peabody & Co.Court of Appeals for the Third Circuit · 1985

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

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