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SIMAS v. QUAKER FABRIC CORP. OF FALL RIVER

Nos. 93-1098, 93-1103, 93-1104 and 93-1249.

6 F.3d 849 (1993)

John SIMAS, Plaintiff, Appellee, v. QUAKER FABRIC CORPORATION OF FALL RIVER, et al., Defendants, Appellees, Commonwealth of Massachusetts, Intervenor, Appellant. James N. GRAY, Plaintiff, Appellee, v. QUAKER FABRIC CORPORATION OF FALL RIVER, et al., Defendants, Appellees, Commonwealth of Massachusetts, Intervenor, Appellant. James N. GRAY, Plaintiff, Appellant, v. QUAKER FABRIC CORPORATION OF FALL RIVER, et al., Defendants, Appellees, John SIMAS, Plaintiff, Appellant, v. QUAKER FABRIC CORPORATION OF FALL RIVER, et al., Defendants, Appellees,

United States Court of Appeals, First Circuit.

Decided October 6, 1993.

Attorney(s) appearing for the Case

Thomas O. Bean, Asst. Atty. Gen., with whom Scott Harshbarger, Atty. Gen., was on brief, for intervenor, appellant.

Orlando F. de Abreu on joint briefs, for plaintiffs.

Mary T. Sullivan, Donald J. Siegel and Segal, Roitman & Coleman on brief for Economic Development and Industrial Corp. of Boston, Massachusetts ALF-CIO, Intern. Union, United Auto., Aerospace, and Agricultural Implement Workers Union of America, Tax Equity Alliance of Massachusetts, Urban League of Eastern Massachusetts Inc., Child World Employees Committee, and Jewish Labor Committee, amici curiae.

Neil Jacobs, with whom Daniel W. McCarthy and Hale and Dorr were on brief, for defendants.

Arthur G. Telegen, Amy B.G. Katz, Jonathan A. Keselenko and Foley, Hoag & Eliot on brief, for Freeman, Spogli & Co. and Avon Investors Ltd. Partnership, amici curiae.

Before SELYA, CYR and BOUDIN, Circuit Judges.

BOUDIN, Circuit Judge.

Massachusetts has in force a "tin parachute" statute requiring substantial severance payments to employees who lose their jobs within specified periods before or after a corporate takeover. Mass.Gen.L. ch. 149, § 183. The district court held this statute to be preempted by the Employee Retirement Income Security Act ("ERISA"), which by its terms "supersede[s] any and all State laws insofar as they may now or hereafter relate to any employee...

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