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SPELLMAN v. UNITED PARCEL SERVICE, INC.

Civil No. 07-67-P-H.

540 F.Supp.2d 237 (2008)

Timothy SPELLMAN, Plaintiff v. UNITED PARCEL SERVICE, INC., et al., Defendants.

United States District Court, D. Maine.

March 19, 2008.

Attorney(s) appearing for the Case

James J. Macadam, Anna Priluck, Macadam Law Offices, Portland, ME, for Plaintiff.

John P. Flynn, III, Troubh, Heisler, Hark & Andrucki, Portland, ME, William D. Pandolph, Peter A. Meyer, Sulloway and Hollis PLLC, Concord, NH, for Defendants.

MEMORANDUM DECISION AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

D. BROCK HORNBY, District Judge.

The issue in this case is whether the Employee Retirement Income Security Act of 1974 ("ERISA") preempts an employee's state law claim that derives from a Maine insurance statute, Bureau of Insurance rule, and enforcement penalty. The Maine provisions require a disability insurer to award an employee disability benefits "without regard to any policy exclusion...

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