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DAILEY v. NATIONAL HOCKEY LEAGUE

No. 92-5156.

987 F.2d 172 (1993)

Robert DAILEY; Reggie Leach, on behalf of themselves and all others similarly situated v. THE NATIONAL HOCKEY LEAGUE; The National Hockey League Pension Society; The Manufacturers Life Insurance Company; John Ziegler; Boston Professional Hockey Association, Inc.; Calgary Flames Hockey Club; Chicago Blackhawk Hockey Team, Inc.; Detroit Red Wings, Inc.; Edmonton Oilers Hockey, Ltd.; 8 Hockey Ventures, Inc.; Hartford Whalers Hockey Club; Le Club De Hockey Canadien, Inc.; Le Club De Hockey Les Nordiques; L.A. Kings, Ltd.; Maple Leaf Gardens Limited; Meadowlanders, Inc.; Nassau Sports; New York Rangers Hockey Club, a Division of Madison Square Garden Center, Inc.; Niagara Frontier Hockey, L.P.; Northstar Hockey Club; Philadelphia Flyers Limited Partnership; Pittsburgh Penguins, Inc.; St. Louis Blues Hockey Club, L.P.; Vancouver Hockey Club, Ltd.; Washington Hockey Limited Partnership, Appellants.

United States Court of Appeals, Third Circuit.

Decided February 18, 1993.

Sur Petition for Rehearing March 19, 1993.

Attorney(s) appearing for the Case

Richard P. McElroy (Argued), Stephen M. Orlofsky, Ann B. Laupheimer, Jane C. Silver, Blank, Rome, Comisky & McCauley, Philadelphia, PA, for all appellants except The Manufacturers Life Ins. Co.

Daniel Segal, Claire Rocco, Hangley, Connoly, Epstein, Chicco, Foxman & Ewing, Philadelphia, PA, Steuart Thomsen, Sutherland, Asbill & Brennan, Washington, DC, for The Manufacturers Life Ins. Co.

Joseph H. Kenney (Argued), Mark Schwartz, Kenney & Kearney, Cherry Hill, NJ, Edwin T. Ferren, III, Richman & Ferren, David E. Ferguson, Haddonfield, NJ, for appellees.

Before: HUTCHINSON, ALITO and SEITZ, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

This is a permitted interlocutory appeal by defendants pursuant to 28 U.S.C. § 1292(b) from an order of the district court denying their motion to dismiss. The district court granted defendants' motion to certify the following question:

Does the assertion by the plaintiff of a claim under ERISA over which there is exclusive jurisdiction in federal court preclude dismissal under the doctrine of forum...

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