Split Alabama High Court: Amendment Should Have Been Allowed After ERISA Preemption

(May 31, 2019, 1:50 PM EDT) -- MONTGOMERY, Ala. — A man bringing wrongful death claims against an insurance company under Alabama law, deemed to be defensively preempted by the Employee Retirement Income Security Act by a trial court, should have been permitted to amend his complaint, a split Alabama Supreme Court ruled May 24, reversing the trial court’s judgment (Douglas Ghee, et al. v. USAble Mutual Insurance Company, No. 1170249, Ala. Sup., 2019 Ala. LEXIS 50)....

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