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EDWARDS v. A.H. CORNELL AND SON, INC.

No. 09-3198.

610 F.3d 217 (2010)

Shirley EDWARDS, Appellant, v. A.H. CORNELL AND SON, INC., d/b/a AH Cornells; Melissa Closterman; Scott A. Cornell.

United States Court of Appeals, Third Circuit.

Filed: June 24, 2010.

Attorney(s) appearing for the Case

Ari R. Karpf, Justin L. Swidler, (Argued), Karpf, Karpf & Virant, Bensalem, PA, for Appellant.

Christie M. Flamm, Walter H. Flamm, Jr., (Argued), Flamm Walton, Blue Bell, PA, for Appellees.

Eric C. Lund, (Argued), Plan Benefits Security Division, Nathaniel I. Spiller, Office of the Solicitor, United States Department of Labor, Washington, DC, for Amicus Curiae, Secretary of Labor.

Before: FISHER, HARDIMAN and COWEN, Circuit Judges.

OPINION OF THE COURT

FISHER, Circuit Judge.

Shirley Edwards filed suit against her employer, A.H. Cornell and Son, Inc. ("A.H. Cornell"), and supervisors, Scott A. Cornell and Melissa J. Closterman, claiming that she was terminated in violation of Section 510 of the Employee Retirement Income Security Act of 1974 ("ERISA") and state common law after complaining to management about alleged ERISA violations. The defendants filed a Rule 12(b)(6) motion to dismiss...

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