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McATEER v. SILVERLEAF RESORTS, INC.

No. 06-41725.

514 F.3d 411 (2008)

Le Ann McATEER, Plaintiff-Appellant, v. SILVERLEAF RESORTS, INC.; Silverleaf Club, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 15, 2008.

Attorney(s) appearing for the Case

Rex A. Nichols, Jr., Nichols & Nichols, Andrew George Khoury (argued), Law Offices of Andrew G. Khoury, Longview, TX, for Plaintiff-Appellant.

Lawrence Edward Ackels, Jr., Ackels & Ackels LLP, Dallas, TX, for Silverleaf Resorts.

Chris Marie Heffelbower, Larkin, Hoffman, Daly & Lindgren, Bloomington, MN, for Silverleaf Resorts and Silverleaf Club.

Bruce J. Douglas (argued), Larkin, Hoffman, Daly & Lindgren, Bloomington, MN, for Silverleaf Club.

Before BENAVIDES, CLEMENT and PRADO, Circuit Judges.

PRADO, Circuit Judge:

At issue in this appeal is the continued validity of our precedent regarding whether the Employee Retirement Income Security Act of 1974 ("ERTSA"), 29 U.S.C. §§ 1001-1461, preempts state law claims of negligence for failing to maintain a safe work environment. Because the Supreme Court has not reversed our prior decision on this point and because the plaintiff did not make her argument moot by adding an ERISA claim to her case, we REVERSE...

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