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NAUMANN v. BEN. STRATEGIES WEST, INC.

No. 1 CA-CV 20-0537.

510 P.3d 513 (2022)

Roger NAUMANN, et al., Plaintiffs/Appellants, v. BENEFIT STRATEGIES WEST, INC., et al., Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

FILED April 21, 2022.

Attorney(s) appearing for the Case

Gordon Rees Scully Mansukhani, LLP, Phoenix, By Daryl R. Wilson , Counsel for Plaintiffs/Appellants.

Evans Dukarich LLP, Tempe, By Steven L. Evans , Gary Dukarich , Nicholas J. Kuntz , Michael D. Malin , Counsel for Defendants/Appellees.

Judge Brian Y. Furuya delivered the opinion of the Court, in which Chief Judge Kent E. Cattani and Judge Samuel A. Thumma joined.

OPINION

¶1 Plaintiffs Roger and Cheryl Naumann (the "Naumanns") appeal the dismissal of their three common law claims, which the superior court found were preempted by the federal Employee Retirement Income Security Act of 1974 ("ERISA"), codified at 29 U.S.C. §§ 1001-1461. For the following reasons, we vacate...

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