Gabriel F. NAGY, Plaintiff, Employee Retirement Income Security Act (ERISA) and state law.
United States District Court, E.D. Pennsylvania. Gabriel F. NAGY, Plaintiff,
Harris M. De WESE, et al., Defendants. Civil Action No. 09-3995.
April 7, 2010.
Participant in defined benefit retirement plan filed action against plan administrator and plan sponsor and brokerage under Employee Retirement Income Security Act (ERISA) and state law. Defendants moved to dismiss.
The District Court, Yohn, J., held that: (1) ERISA did not preempt state law claim against non-ERISA brokerage, brought by participant for benefit of defined benefit retirement plan as customer of brokerage, alleging that brokerage breached fidu- ciary duties owed to plan as well as to its participants and (2) ERISA preempted claim brought by participant in defined benefit retirement plan alleging that broker- age breached fiduciary duties owed under state law to participants.