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ARDITI v. LIGHTHOUSE INTERN.

Docket No. 11-423-cv.

676 F.3d 294 (2012)

Aries ARDITI, Plaintiff-Appellant, v. LIGHTHOUSE INTERNATIONAL, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: February 9, 2012.

Amended: March 9, 2012.

Attorney(s) appearing for the Case

Ronald S. Greenberg ( Jared I. Heller , on the brief), Kramer Levin Naftalis & Frankel LLP, New York, NY, for Plaintiff-Appellant.

Michelle Schott ( Curtis C. Mechling , Joanna S. Smith , on the brief), Stroock & Stroock & Lavan LLP, New York, NY, for Defendant-Appellee.

Chief District Judge PRESKA dissents in a separate opinion.

CHIN, Circuit Judge:

In this case, the district court found that plaintiff-appellant Aries Arditi's claims against defendant-appellee Lighthouse International ("Lighthouse") were preempted by the Employee Retirement Income Security Act ("ERISA") because they arose under Lighthouse's Pension Plan (the "Plan") and not separately and independently out of Arditi's written employment agreement (the "Agreement"). The district court denied Arditi's motion to remand the case...

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