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WARNER v. FORD MOTOR CO.

No. 93-1312.

46 F.3d 531 (1995)

Robert WARNER, Plaintiff-Appellant, v. FORD MOTOR COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 6, 1995.

Attorney(s) appearing for the Case

Alan B. Posner (argued and briefed), Kelman, Loria, Downing, Schneider & Simpson, Detroit, MI, for Robert Warner.

Cathy Ventrell-Monsees (briefed), Washington, DC, for American Ass'n of Retired Persons.

John M. Thomas (argued and briefed), Ford Motor Co., Dearborn, MI, for Ford Motor Co.

Timothy Hauser (argued), U.S. Dept. of Labor, Office of the Sol., Plan Benefits Sec. Div., Washington, DC, for Secretary of Labor.

Andrew Nickelhoff (briefed), Sachs, Nunn, Kates, Kadushin, O'Hare, Helveston & Waldman, Detroit, MI, for National Lawyers Guild, Detroit Chapter, ACLU Fund of Michigan, amicus curiae.

Dwight H. Vincent (briefed), Detroit, MI, for Michigan Mfrs. Ass'n.

Paul D. Ramshaw (briefed), E.E.O.C., Washington, DC, for E.E.O.C.

Before: MERRITT, Chief Judge; and KEITH, KENNEDY, MARTIN, JONES, MILBURN, GUY, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, BATCHELDER, and DAUGHTREY, Circuit Judges.

MERRITT, Chief Judge.

Under 28 U.S.C. § 1441, removal of an action from state to federal court is allowed when the federal court has "original jurisdiction" over the action because it is "founded on a claim or right arising" under federal law.1 This appeal raises an issue concerning federal removal jurisdiction in cases in which ERISA preemption2 is asserted as a defense.

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