BILLY E. PRINCE, individually and as personal representative for the late JUDITH A. PRINCE, Plaintiff - Appellant,
SEARS HOLDINGS CORPORATION, a Delaware corporation, Defendant-Appellee.
Argued: December 6, 2016
from the United States District Court for the Northern
District of West Virginia, at Clarksburg. John Preston
Bailey, District Judge. (1:15-cv-00006-JPB)
by published opinion. Judge Motz wrote the opinion, in which
Judge Keenan and Judge Thacker joined.
Lewis Taylor, SIMMERMAN LAW OFFICE, PLLC, Clarksburg, West
Virginia, for Appellant.
E. Hall, BOWLES RICE LLP, Charleston, West Virginia, for
E. Simmerman, Jr., SIMMERMAN LAW OFFICE, PLLC, Clarksburg,
West Virginia, for Appellant.
R. Stowers, BOWLES RICE LLP, Charleston, West Virginia, for
MOTZ, KEENAN, and THACKER, Circuit Judges.
GRIBBON MOTZ, Circuit Judge.
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 state law
claims, we affirm the judgment of the district court
dismissing the complaint.
November 2010, Billy E. Prince submitted an application to
his employer for $150, 000 in life insurance coverage for his
wife, Judith Prince. The employer, Sears, sponsored and
administered the life insurance program through The
Prudential Insurance Company of America. In May 2011, Sears
sent an ...