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Case: Retirement Benefits/Preemption (E.D. Pa.)

April 13, 2021, 9:50 PM

A state-law breach of contract claim stemming from alleged unlawful termination from at-will employment at Diversified Community Services, Inc. isn’t preempted by ERISA, the U.S. District Court for the Eastern District of Pennsylvania held as it remanded the case to state court. The defendants failed to establish that original jurisdiction over the case remained such that the case couldn’t be remanded, the court said. Brenda Thomas, who alleges that she was unlawfully terminated shortly before she reached retirement age, filed suit in the Pennsylvania Court of Common Pleas against DCS, its executive director Otis Bullock, Talx UCM Services, Inc., and...

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