AFL Hotel & Restaurant Workers Health & Welfare Trust Fund v. Bosque

Opinion of the Court by

DUFFY, J.

Plaintiff-appellant AFL Hotel & Restaurant Workers Health & Welfare Trust Fund, by its trustees, [hereinafter, AFL] appeals from the June 1, 2004 final judgment of the Circuit Court of the First Circuit 1 in favor of defendant-appellee Elmer Bosque dismissing AFL’s complaint against Bosque for breach of a subrogation agreement. On appeal, AFL argues that the circuit court erred by: (1) granting Bosque’s motion to dismiss on the basis that the Employment Retirement Income Security Act of 1974 (ERISA), as amended, 29 U.S.C. § 1001 et seq. (2002), preempts an…