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WALKER v. SOUTHERN CO. SERVICES, INC.

No. 01-12100.

279 F.3d 1289 (2002)

Johnny E. WALKER, Plaintiff-Appellee, v. SOUTHERN COMPANY SERVICES, INC., Unumprovident Corporation, Defendants, Provident Life & Accident Insurance Co., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 23, 2002.

Attorney(s) appearing for the Case

Henry T. Morrissette, Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, AL, Aaron Linden Dettling, Hand, Arendall, L.L.C., Birmingham, AL, Jeffrey D. Dyess, Barnett, Bugg, Lee & Dyess, Monroeville, AL, for Defendant-Appellant.

James Mendelsohn, Birmingham, AL, for Plaintiff-Appellee.

Before TJOFLAT and BIRCH, Circuit Judges, and GOLDBERG, Judge.

BIRCH, Circuit Judge:

In this case, we decide whether the Supreme Court's decision in UNUM Life Ins. Co. of America v. Ward, 526 U.S. 358, 119 S.Ct. 1380, 143 L.Ed.2d 462 (1999) alters the application of the savings clause of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1144(b)(2)(A), such that the tort of bad faith under Alabama law is now saved from preemption. At the district court, the plaintiff...

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