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ADVANCE PCS v. BAUER

No. S05G2011.

632 S.E.2d 95 (2006)

280 Ga. 639

ADVANCE PCS et al. v. Deborah BAUER et al.

Supreme Court of Georgia.

June 26, 2006.

Attorney(s) appearing for the Case

Susan Warshauer Housen, Laurie Webb Daniel, Jennifer Brooke Savage, Holland & Knight, L.L.P., Atlanta, Paul J. Ondrasik, Jr., Eric G. Serron, Martin D. Schneiderman, Steptoe & Johnson, L.L.P., Washington, DC, for Appellants.

Kenneth I. Sokolov, Fine & Block, Atlanta, Eric Lee, Lee & Amtzis, P.L., Boca Raton, FL, Arthur S. Gold, Gold & Coulson, Chicago, IL, Carlin J. Phillips, Andrew J. Garcia, Phillips & Garcia, L.L.P., North Dartmouth, MA, for Appellees.

Stephanie W. Kanwit, Julie Simon Miller, O'Melveny & Myers, Washington, DC, Robert N. Eccles, Jonathan D. Hacker, Washington, DC, amici curiae.

SEARS, Chief Justice.

We granted certiorari in this case to determine whether the Court of Appeals correctly held that the Employee Retirement Income Security Act of 19741 ("ERISA") did not preempt plaintiffs' claims.2 Because plaintiffs' claims are dependent on the terms of their respective ERISA plans ("plans"), and could have been raised in the context of ERISA's civil enforcement provisions, we find that...

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