TEPER v. PARK WEST GALLERIES, INC.

Docket No. 79642, (Calendar No. 8).

431 Mich. 202 (1988)

427 N.W.2d 535

TEPER v. PARK WEST GALLERIES, INC.

Supreme Court of Michigan.

Decided August 24, 1988.


Attorney(s) appearing for the Case

Sommers, Schwartz, Silver & Schwartz, P.C. (by Joseph A. Golden and Patrick Burkett), for the plaintiff.

Bodman, Longley & Dahling (by James J. Walsh, Charles N. Raimi, and Jeanne A. Van Egmond) for the defendants.

Amici Curiae:

Clark, Klein & Beaumont (by Dwight H. Vincent, Robert G. Buydens, J. Walker Henry, and Beverley B. Brielmaier) for Michigan Manufacturers Association.

Stark & Gordon (by Sheldon J. Stark) for Michigan Trial Lawyers Association.


BOYLE, J.

In this case we are asked to consider whether an award of future pension benefits in a wrongful discharge claim under Michigan law is precluded by the preemption provision of § 514 of the Employee Retirement Income Security Act, 29 USC 1144(a). We conclude that the ERISA does not expressly1 preempt Michigan law in this area. We therefore reverse the decision of the Court of Appeals and reinstate that portion of the trial...

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