Lier v. Unisys Corporation, No. 1:2015cv00974 - Document 28 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 10/22/2015. (rban, )
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Lier v. Unisys Corporation Doc. 28 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division ANNA VAN LIER, Plaintiff, Case No. l:15-cv-974 V. UNISYS CORPORATION, Defendant. MEMORANDUM OPINION Plaintiff in this case filed her complaint initially in state court, alleging that defendant, her employer, committed constructive fraud and negligence by representing to plaintiff that she was not eligible for coverage under defendant's Long Term Disability Plan ("LTD Plan") when, in fact, she was eligible. Defendant removed the case to federal court on federal question and diversity grounds and also filed a motion to dismiss on the ground that plaintiffs Virginia common law constructive fraud and negligence claims are preempted by the Employee Retirement Income Security Act ("ERISA"). 29 U.S.C. ยงยง 1001, g/ seq. Plaintiff opposed the motion to dismiss and filed a motion to remand. The matter was briefed, and following oral argument, an Order issued (i) finding that ERISA preempted plaintiffs state law claims and that diversity jurisdiction exists, (ii) denying plaintiffs motion to remand, and (iii) granting defendant's motion to dismiss the complaint with leave for plaintiff to amend the complaint with her ERISA claims. This Memorandum Opinion records and elucidates the reasons for denying plaintiffs motion to remand and granting defendant's motion to dismiss plaintiffs complaint with leave to amend. 1 Dockets.Justia.com
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