AdvancePCS v. Bauer

Court of Appeals of Georgia

Decided February 21, 2007

Court of Appeals of Georgia · decided 2007-02-21

Applies 29 U.S.C. § 1001 (§ 2 of the Employee Retirement Income Security Act of 1974)

Relies on Advance PCS v. Bauer · 274 Ga. App. 381 - AdvancePCS v. Bauer

Decided 2007-02-21

Phipps, Judge.

¶1In AdvancePCS v. Bauer,1the Supreme Court of Georgia ruled that the plaintiffs’ claims are preempted by the provisions of the Employee Retirement Income Security Act of 1974 (ERISA)2 and reversed the judgment of this court in AdvancePCS v. Bauer.3Therefore, we vacate our earlier opinion and adopt the opinion of the Supreme Court as our own. Accordingly, the judgment of the trial court is reversed.

¶2Judgment reversed.

Barnes, C. J., Andrews, P. J., Johnson, P. J., Blackburn, P. J., Ruffin and Mikell, JJ., concur.

¶3280 Ga. 639 (632 SE2d 95) (2006).

¶429 USC § 1001 et seq.

¶5274 Ga. App. 381 (617 SE2d 637) (2005).