MEBA MEDICAL & BENEFITS PLAN v. LAGO

No. 4D03-1571.

867 So.2d 1184 (2004)

MEBA MEDICAL & BENEFITS PLAN and Allen Szymczak, Appellants, v. Tracey LAGO, Appellee.

District Court of Appeal of Florida, Fourth District.

March 3, 2004.


Attorney(s) appearing for the Case

Christine Williams and Robert H. Ingle, III, of Gordon, Feinblatt, Rothman, Hoffberger & Hollander, LLC, Baltimore, Maryland, Marie Tomassi and Edward C. Larose of Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A., St. Petersburg, for appellants.

Ted P. Galatis, Jr., of Andrews & Galatis, Fort Lauderdale, for appellee.


HAZOURI, J.

MEBA Medical and Benefits Plan and Allen Szymczak, as administrator of the Plan (hereinafter collectively referred to as MEBA), appeal from the trial court's final judgment of dismissal of MEBA's claim against Tracey Lago.

In this opinion, we consider whether the Federal Employees Retirement Income Security Act of 1974 (ERISA)(29 U.S.C. § 1001 et seq.) pre-empts a common law cause of action by an ERISA fiduciary against an ERISA plan...

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