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FUNKHOUSER v. WELLS FARGO BANK, N.A.

Nos. 00-35397, 00-35410.

289 F.3d 1137 (2002)

Karla FUNKHOUSER and Suzanne Pearce, on behalf of themselves and others similarly situated, Plaintiffs-Appellees, Cross-Appellants, v. WELLS FARGO BANK, N.A., Wells Fargo Bank, a corporation, and Norwest Corporation, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Deferred March 26, 2002.

Resubmitted April 17, 2002.

Filed May 15, 2002.

Attorney(s) appearing for the Case

William Guas, Eduardo G. Roy, John Hurley, Natalia A. Beccia, Pillsbury Madison & Sutro LLP, San Francisco, CA; Stacey E. Mark, Lori Irish Bauman, Portland, OR, for the defendants-appellants-cross appellees.

John P. Crowell, Portland OR; Douglas G. Combs, William D. Robinson, Morse & Bratt, Vancouver, WA, for the plaintiffs-appellees-cross appellants.

Before: B. FLETCHER, O'SCANNLAIN, and BERZON, Circuit Judges.

OPINION

O'SCANNLAIN, Circuit Judge.

We must decide whether a federal court may rule on ERISA preemption of a state law claim when it ultimately declines to exercise supplemental jurisdiction.

I

In December 1998, Wells Fargo Bank merged with Northwest Bank to form a new entity that adopted the Wells Fargo name. In the wake of the merger, Wells Fargo changed its employee sick-time and vacation policy. Under the pre-merger sick-time policy...

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