(DOWNLOAD) "Woodfork v. Cooks" by Fifth Circuit United States Court Of Appeals ~ Book PDF Kindle ePub Free

March 13, 2021

eBook details

Title: Woodfork v. Cooks
Author : Fifth Circuit United States Court Of Appeals
Release Date : January 17, 1981
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 67 KB

Description

In this federal diversity case we must decide whether federal law, under either the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. Â§Â§ 1001-1381 (1976), or Â§ 301 or Â§ 302 of the Taft-Hartley Act, 29 U.S.C. Â§Â§ 185 and 186 preempts a merchant seaman's state-law claim that he is entitled to pension benefits. The district court determined that ERISA preempted the claim and accordingly dismissed the case. We think the district court misconstrued ERISA's preemption provision in making that determination and therefore reverse and remand the case for further proceedings. I