10-2887 NewPage Wisconsin system, Inc., v. United Steel

By: WISCONSIN LAW JOURNAL STAFF//July 12, 2011//

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Employment
ERISA; LMRA

A court either has jurisdiction over both an LMRA claim and an ERISA claim, or it has jurisdiction over neither.
“Newell’s incomplete analysis was a consequence of a deficient presentation by the litigants. The briefs in Newell focused on whether the fiduciary’s complaint asked for ‘appropriate equitable relief’; the parties assumed that a negative answer would imply the absence of jurisdiction. We have explained why this is not the right perspective. Now that the subject has been explored more fully, we conclude that Newell— which no other circuit has followed—cannot be treated as authoritative on the question of subject-matter jurisdiction in declaratory-judgment actions about plans covered by ERISA.”

Vacated and Remanded.

10-2887 NewPage Wisconsin system, Inc., v. United Steel

Appeal from the United States District Court for the Western District of Wisconsin, Crabb, J., Easterbrook, J.

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