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State Negligence Claim Not Trumped By ERISA: Court

Law360 (January 15, 2008, 12:00 AM EST) -- Upholding its own precedent-setting opinion, an appeals court has revived a lawsuit brought by a landscaper against her employer, ruling state-law claims of negligence are not preempted by the federal Employee Retirement Income Security Act.

The U.S. Court of Appeals for the Fifth Circuit overturned a federal judge's order dismissing the case against Silverleaf Resorts Inc. on the grounds that ERISA trumps the worker's state negligence laws.

The Fifth Circuit ruled the act did not preempt landscaper Le Ann McAteer from suing Silverleaf for negligence after...
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