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AMERICAN MARITIME OFFICERS v. MERRIKEN

Nos. 4D08-476, 4D08-489.

981 So.2d 544 (2008)

AMERICAN MARITIME OFFICERS UNION, Petitioner, v. David MERRIKEN, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 11, 2008.

Attorney(s) appearing for the Case

Philip E. Ward, Roland E. Schwartz, Jeffrey T. Kuntz and Daniel Alter of Gray Robinson, P.A., Ft. Lauderdale, for petitioner American Maritime Officers Union.

April L. Boyer and Robert C. Leitner of Kirkpatrick & Lockhart Preston Gates Ellis LLP, Miami, for petitioners American Maritime Officers Plans, American Maritime Officers Vacation Plan, American Maritime Officers Pension Plan, American Maritime Officers Medical Plans, American Maritime Officers Safety and Education Plan, American Maritime Officers 401(K) Plan, American Maritime Officers Services, American Maritime Officers Money Purchase Benefit Plan, American Maritime Officers Joint Employment Committee.

William J. Brown of William J. Brown, P.A., and Robert N. Harris, P.A., Miami, for respondent.

WARNER, J.

Petitioners, a union and its benefits plan, both seek certiorari review of orders denying their motions to dismiss respondent's whistleblower complaint. We have consolidated the cases for purposes of this opinion, and treat these as petitions for writ of prohibition. Petitioners claim that the action is preempted by federal law. Because respondent's complaint against the benefits plan is completely preempted by federal ERISA law, we grant the petition as...

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