10th Circuit: Challenge Of ERISA Preemption Holding Properly Rejected

Mealey's (February 22, 2016, 12:04 PM EST) -- DENVER — A Kansas federal judge did not err in denying a negligent misrepresentation plaintiff his requested relief because the underlying motion — seeking reconsideration of a finding of Employee Retirement Income Security Act preemption — was untimely, the 10th Circuit U.S. Court of Appeals ruled Feb. 19 (Trent Lebahn v. Eloise Owens, No. 14-3244, 10th Cir.; 2016 U.S. App. LEXIS 2876).

(Decision available. Document #54-160309-039Z.)

Plaintiff Trent Lebahn “ignores his obligation to bring relevant issues to the district court’s attention,” the appellate panel of Circuit...
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