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HITACHI HIGH TECHNOLOGIES AMERICA, INC. v. BOWLER

455 Mass. 261 (2009)

HITACHI HIGH TECHNOLOGIES AMERICA, INC. v. KEVIN BOWLER.

Supreme Judicial Court of Massachusetts, Bristol.

November 4, 2009.

Attorney(s) appearing for the Case

Brett D. Carroll for the plaintiff.

Gregory D. Lorincz (Paul F. Lorincz with him) for the defendant.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

MARSHALL, C.J.

We are asked to determine whether the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 et seq. (2006), preempts this State law action brought by a retirement plan fiduciary to recover money mistakenly paid to a plan beneficiary. The plaintiff, Hitachi High Technologies America, Inc. (Hitachi), filed an action for unjust enrichment in the Superior Court against its former employee, the defendant Kevin Bowler, for his...

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