GARDNER v. HEARTLAND INDUS. PARTNERS, LP

No. 11-2327.

715 F.3d 609 (2013)

Lee GARDNER, Peter Dechants, David Liner, William Meyers, Keith Junk, and Masco Corporation, as Assignee of Timothy Wadhams, Plaintiffs-Appellants, v. HEARTLAND INDUSTRIAL PARTNERS, LP, Heartland Industrial Associates, LLC, Timothy Leuliette, and Daniel Tredwell, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 10, 2013.


Attorney(s) appearing for the Case

ARGUED: Diane M. Soubly , Schiff Hardin LLP, Chicago, Illinois, for Appellants. James D. Weiss , Sidley Austin LLP, Chicago, Illinois, for Appellees. ON BRIEF: Diane M. Soubly , Allan Horwich , Schiff Hardin LLP, Chicago, Illinois, Michael L. Pitt , Beth M. Rivers , Pitt, McGehee, Palmer, Rivers & Golden, P.C., Royal Oak, Michigan, for Appellants. James D. Weiss , Brian J. Gold , Sidley Austin LLP, Chicago, Illinois, Brian A. Kreucher , Gouri G. Sashital , Keller Thomas P.C., Detroit, Michigan, for Appellees.

Before: DAUGHTREY, KETHLEDGE, and DONALD, Circuit Judges.


OPINION

KETHLEDGE, Circuit Judge.

The question presented in this case is whether Plaintiffs' state-law tort claim — for tortious interference with a contract that happens to be a pension plan subject to the Employee Retirement Income Security Act of 1974 — is "completely preempted" under § 1132(a)(1)(B) of that Act. The district court held that it was. We disagree and reverse.

We take the facts as set forth in Plaintiffs' complaint...

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