8th Circ. Revives ERISA Suit Over 1-Person Agreements

Law360, New York (August 11, 2011, 6:00 PM EDT) -- The Eighth Circuit found Thursday that a federal court may have jurisdiction over a railroad's bid to dodge employment contract arbitration with a CEO it fired following a merger, remanding the case with instructions for addressing Employee Retirement Income Security Act preemption.

The dispute is over whether a one-person employment contract counts as an ERISA plan. U.S. District Judge Roberto A. Lange had agreed with Kevin V. Schieffer, former president and CEO of Dakota Minnesota & Eastern Railroad Corp., that it did not and therefore that...
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