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eBook details

• Title: Perry Mcclendon v. Ingersoll-Rand Company
• Author : Supreme Court of Texas No. C-7973
• Release Date : January 01, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

Perry McClendon sued his former employer, Ingersoll-Rand Company, alleging Ingersoll-Rand discharged him from employment so
that it could avoid contributing to his pension fund. The trial court rendered summary judgment in favor of Ingersoll-Rand,
and McClendon appealed. The court of appeals affirmed the judgment of the trial court. 757 S.W.2d 816. This court reversed
the judgment of the court of appeals and remanded the case for trial, holding that McClendon's allegations were sufficient
to state a wrongful discharge claim against Ingersoll-Rand under a public policy exception to the employment-at-will doctrine.
779 S.W.2d 69. Ingersoll-Rand then filed a petition for writ of certiorari in the United States Supreme Court. The writ was granted and
the Court reversed our judgment, holding that the cause of action in this case is expressly pre-empted by the Employee Retirement
Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. 111 S.Ct. 478. The United States Supreme Court remanded the
cause for further proceedings not inconsistent with the opinion of that Court.

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