Legal Opinion

Joy Global, Inc. v. Wisconsin Department of Workforce Development

Court of Appeals for the Third Circuit

Decided December 10, 2007No. 06-3885UnpublishedCited by 3 opinions

1Opinion of the Court

OPINION

McKEE, Circuit Judge.

Joy Global, Inc., appeals the district court’s ruling that the Wisconsin Department of Workforce Development’s (“DWD”) state law claim against Joy Global for unpaid severance payments is not preempted by the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq. For the reasons set forth below, we conclude that the order appealed from is not an appealable order under 28 U.S.C. § 1292(a)(1), and we will therefore dismiss the appeal for lack of jurisdiction.

I

Inasmuch as we write primarily for the parties who are familiar with this case, we need not set…

2Cases cited4 opinions

  1. Carson v. American Brands, Inc.Supreme Court of the United States · 1981
  2. General Electric Co. v. Marvel Rare Metals Co.Supreme Court of the United States · 1932
  3. Jean Levine, on Behalf of Herself and All Others Similarly Situated v. United Healthcare Corporation (Dc Nj 01-Cv-04964)Court of Appeals for the Third Circuit · 2005
  4. Joy Global, Inc. v. Wisconsin Department of Workforce Development (In Re Joy Global, Inc.)District Court, D. Delaware · 2006

3Cited by3 opinions

  1. Martin v. HalliburtonCourt of Appeals for the Fifth Circuit · 2010
  2. Martin v. HalliburtonCourt of Appeals for the Fifth Circuit · 2010
  3. Kristen Martin v. HalliburtonCourt of Appeals for the Fifth Circuit · 2010

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