Jamie N. Estes (Estes) originally filed her lawsuit in the Circuit Court for the City of St. Louis, Missouri. After the defendants removed the lawsuit to federal court, the defendants filed a motion to dismiss Estes’s state law claims, contending the claims are preempted under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461, and also requesting a court order directing Estes to file an amended complaint under ERISA. Estes opposed the motion, arguing her state law claims are not preempted because (1) she has established a prima facie case for each claim under state law, and (2) she seeks damages rather than reinstatement of benefits under a long-term disability plan. The district court 1 determined “the crux of [Estes’s] cause of action is the allegedly wrongful determination by the Plan Administrator that [Estes] was no longer ‘totally disabled’ under the terms of the subject plan, and consequently, no longer entitled to long-term disability benefits under the plan.” The district court granted the motion to dismiss, but gave Estes leave to file an amended complaint.
On appeal, Estes argues the district court erred in dismissing her state law claims, because they do not “relate to” an ERISA employee benefit plan. We review de novo a district court’s ruling that state common-law claims are preempted by ERISA.
Daley v. Marriott Int’l, Inc.,
Estes also argues the district court erred by prematurely deciding the defendants’ affirmative defense of preemption. However, in their notice of removal, the defendants raised the doctrine of complete preemption, contending all of Estes’s state law claims “fall within ERISA’s civil enforcement scheme, 29 U.S.C. § 1132(a)(1)(B).” Estes was unmistakably placed on notice of the defendants’ ERISA preemption contention.
“The doctrine of ‘complete preemption’ establishes more than a defense to a state-law claim.”
Chapman,
Finding no error, we affirm. See 8th Cir. R. 47B.
Notes
. The Honorable Stephen N. Limbaugh, United States District Judge for the Eastern District of Missouri.
