Plaintiff’s State Law Claims Are Preempted By ERISA, Va. Federal Judge Determines
(November 6, 2015, 7:56 AM EST) -- ALEXANDRIA, Va. — A plaintiff’s state law claims of negligence and constructive fraud alleged against an employer who misrepresented the plaintiff’s eligibility to participate in the company’s long-term disability plan are completely preempted by the Employee Retirement Income Security Act of 1974, a Virginia federal judge said Oct. 22 in dismissing the plaintiff’s complaint with leave to amend (Anna Van Lier v. Unisys Corp., No. 15-974, E.D. Va.; 2015 U.S. Dist. LEXIS 143910).
(Opinion available. Document #17-151109-005Z.)
Anna Van Lier filed suit in the Fairfax County,...