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PRINCE v. SEARS HOLDINGS CORP.

No. 16-1075.

848 F.3d 173 (2017)

Billy E. PRINCE, individually and as personal representative for the late Judith A. Prince, Plaintiff-Appellant, v. SEARS HOLDINGS CORPORATION, a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 27, 2017.

Attorney(s) appearing for the Case

ARGUED: Chad Lewis Taylor , SIMMERMAN LAW OFFICE, PLLC, Clarksburg, West Virginia, for Appellant. Jill E. Hall , BOWLES RICE LLP, Charleston, West Virginia, for Appellee. ON BRIEF: Frank E. Simmerman, Jr. , SIMMERMAN LAW OFFICE, PLLC, Clarksburg, West Virginia, for Appellant. Gerard R. Stowers , BOWLES RICE LLP, Charleston, West Virginia, for Appellee.

Affirmed by published opinion. Judge Motz wrote the opinion, in which Judge Keenan and Judge Thacker joined.

Alleging that his employer improperly administered life insurance benefits, an employee brought suit for misrepresentation, constructive fraud, and infliction of emotional distress. Because the Employee Retirement Income Security Act ("ERISA") completely preempts these...

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