Legal Opinion
Loudermilch v. New England Mutual Life Insurance
District Court, S.D. Alabama
Decided October 21, 1996No. Civil Action 96-0228-BH-MPublishedCited by 5 opinions
1Opinion of the Court
ORDER
HAND, Senior District Judge.
This action is before the court on plaintiffs’ motion to remand (Tab 9) which is predicated on plaintiffs’ assertion that their claims are not preempted by ERISA. Upon consideration of the motion, defendants’ response in opposition thereto (Tabs 14 as adopted by the remaining defendants at Tab 16) and pertinent portions of the record, the court concludes that the motion is due to be granted.
In 1968, plaintiff Wayne Loudermilch (Loudermilch) founded America’s Best, Inc. (America’s Best) and was its President and sole stock owner. In 1971, Mr. Loudermilch set up…
2Cases cited11 opinions
- Memorial Hospital System v. Northbrook Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1990
- George Kwatcher v. Massachusetts Service Employees Pension FundCourt of Appeals for the First Circuit · 1989
- Lordmann Enterprises, Inc. v. Equicor, Inc.Court of Appeals for the Eleventh Circuit · 1994
- Richard C. Glass, of the Estate of Execr Maxwell C. Hostetter, Jr., Margaret Hostetter v. United of Omaha Life Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1994
- Richard Fugarino, Jo Marie Fugarino and Marc A. Fugarino v. Hartford Life and Accident Insurance Company and Consolidated Group, Inc.Court of Appeals for the Sixth Circuit · 1992
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3Cited by5 opinions
- Jeanne B. DEMARS, Plaintiff, Appellant, v. CIGNA CORPORATION and Insurance Company of North America, Defendants, AppelleesCourt of Appeals for the First Circuit · 1999
- Mizrahi v. Provident Life & Accident InsuranceDistrict Court, S.D. Florida · 1998
- Demars v. Cigna CorporationCourt of Appeals for the First Circuit · 1999
- Demars v. Cigna CorporationCourt of Appeals for the First Circuit · 1999
- Gatewood v. Life Ins. Co. of North AmericaDistrict Court, M.D. Florida · 1999