Hicks v. CNA Insurance

ORDER AND REASONS

FALLON, District Judge.

Defendant removed plaintiffs’ state court petition, citing federal question jurisdiction created by ERISA. Defendant then moved to strike plaintiffs claims for penalties, attorney’s fees and legal interest, citing ERISA preemption. Plaintiff moved to remand the case, contending that ERISA does not govern this suit and thus that removal was improper. These motions were taken under submission by the Court on the briefs. After a review of the applicable law, the record, and the memoranda in support and opposition, the plaintiffs motion to remand is DENIED,…