Pamela Chambers Gorman

Summary

The Texas Supreme Court held that ERISA preempts the breach of fiduciary duty claim against Tenneco, removing state‑court jurisdiction, but that the breach of contract claim against LINA falls within the benefits‑due category and may be heard in state court. The Court found sufficient evidence that Gorman was on business at the time of his death, affirmed the appellate judgment on Tenneco, reversed and remanded the LINA breach‑of‑contract claim, and affirmed preclusion of punitive and mental‑anguish damages. Justice Doggett filed a concurring opinion noting the harsh effect of allowing insurers to raise ERISA preemption for the first time on appeal.