Federal Judge Denies Dismissal, Remand Requests In Salary Agreement Dispute
Mealey's (March 9, 2016, 2:36 PM EST) -- GREENVILLE, S.C. — A plaintiff’s claim for breach of a salary continuation agreement constitutes an enforcement action under the Employee Retirement Income Security Act and is accordingly subject to federal preemption, according to a March 7 ruling by a South Carolina federal judge (Frederick D. Shepherd Jr. v. Community First Bank, et al., No. 15-4337, D. S.C.; 2016 U.S. Dist. LEXIS 28378).
(Decision available. Document #54-160413-004Z.)
Although U.S. Judge Mary G. Lewis of the District of South Carolina rejected the motion by plaintiff Frederick D. Shepherd...