Lier v. Unisys Corporation

Filing 28

MEMORANDUM OPINION. Signed by District Judge T. S. Ellis, III on 10/22/2015. (rban, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

ANNA VAN LIER,
Plaintiff,
Case No. l:15-cv-974

V.

UNISYS CORPORATION,
Defendant.

MEMORANDUM OPINION

Plaintiff in this case filed her complaint initially in state court, alleging that defendant,
her employer, committed constructive fraud and negligence by representing to plaintiff that she
was not eligible for coverage under defendant's Long Term Disability Plan ("LTD Plan") when,

in fact, she was eligible. Defendant removed the case to federal court on federal question and

diversity grounds and also filed a motion to dismiss on the ground that plaintiffs Virginia

common law constructive fraud and negligence claims are preempted by the Employee
Retirement Income Security Act ("ERISA"). 29 U.S.C. §§ 1001, g/ seq. Plaintiff opposed the

motion to dismiss and filed a motion to remand. The matter was briefed, and following oral
argument, an Order issued (i) finding that ERISA preempted plaintiffs state law claims and that

diversity jurisdiction exists, (ii) denying plaintiffs motion to remand, and (iii) granting
defendant's motion to dismiss the complaint with leave for plaintiff to amend the complaint with
her ERISA claims. This Memorandum Opinion records and elucidates the reasons for denying

plaintiffs motion to remand and granting defendant's motion to dismiss plaintiffs complaint
with leave to amend.

1