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SMITH, HINCHMAN AND GRYLLS, ASS'N, INC. v. TASSIC

No. 92-1211.

990 F.2d 256 (1993)

SMITH, HINCHMAN AND GRYLLS, ASSOCIATES, INCORPORATED; The Smith Group, Incorporated, Plaintiffs-Appellants, v. William P. TASSIC, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 6, 1993.

Attorney(s) appearing for the Case

Joseph A. Sullivan, Martha B. Goodloe (briefed), Bodman, Longley & Dahling, Troy, MI, Hollis T. Hurd (argued), Pittsburgh, PA, for plaintiffs-appellants.

Patrick J. Burkett (argued and briefed), Daniel D. Swanson, Sommers, Schwartz, Silver & Schwartz, Southfield, MI, for defendant-appellee.

Before: MERRITT, Chief Judge; and NORRIS and BATCHELDER, Circuit Judges.

MERRITT, Chief Judge.

This case requires us to determine the res judicata effect of a state court ruling on ERISA preemption. The district court found that the issue of ERISA preemption presented here was fully and fairly litigated in the Michigan Circuit Court and could not be collaterally attacked. Consequently, it dismissed plaintiffs' cause of action for lack of jurisdiction. We affirm.

BACKGROUND

Defendant...

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