DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
082473P.pdf 06/03/2009 Kerry McLain v. Andersen Corporation, etc.
U.S. Court of Appeals Case No: 08-2473
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Melloy, Author, with Murphy and Shepherd, Circuit Judges]
Civil case - ERISA. ERISA completely preempted plaintiff's state-law
pension-related claims, and the district court did not err in removing the
matter to federal court; district court did not err in granting employer
summary judgment on plaintiff's disability-discrimination claim as he
failed to show the employer regarded him as having an impairment that
materially limited him from working; district court did not err in granting
employer summary judgment on claim that plaintiff suffered
discriminatory reprisal as the employer had legitimate, non-
discriminatory grounds for the employment actions it took against him,
including discharge, which plaintiff failed to show were pretexts; district
court did not err in granting summary judgment for the employer on
plaintiff's claims of misrepresentation as there was no evidence of
misrepresentation.