DuPont Workers Suit Not Preempted By ERISA: Court

Law360, New York (February 22, 2008, 12:00 AM EST) -- The U.S. Court of Appeals for the Fifth Circuit has affirmed two lower court rulings in a dispute between E.I. du Pont de Nemours and Co. and more than 50 former employees, effectively allowing the workers to move forward with their fraud claims against the company.

The Fifth Circuit said the employees’ claims centered on a decision each employee had to make on his own, independent of the union or the collective bargaining process, and thus would not be preempted by the National Labor Relations Act....
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