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TOLLE v. CARROLL TOUCH, INC.

No. 91-2405.

977 F.2d 1129 (1992)

Connie M. TOLLE, Plaintiff-Appellant, v. CARROLL TOUCH, INCORPORATED, a wholly owned subsidiary of AMP Incorporated, formerly known as Carroll Touch Technology Corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 20, 1992.

Attorney(s) appearing for the Case

Evan A. Strawn, Bloomington, Ill., argued, for plaintiff-appellant.

Ray E. Alexander, Springfield, Ill., Vincent Candiello (argued), Harrisburg, Pa., for defendant-appellee.

Before CUDAHY and COFFEY, Circuit Judges, and WOOD, Jr., Senior Circuit Judge.

HARLINGTON WOOD, Jr., Senior Circuit Judge.

This case raises an interesting and important question of first impression for this court: when does a claim that an employer terminated an employee in order to avoid providing employee benefits accrue under Section 510 of the Employee Retirement Income Security Act ("ERISA")? This case also raises interesting questions regarding ERISA's preemption of state claims.

I.

In November of 1978, Connie M. Tolle...

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