Federal Court Rejects ERISA Jurisdiction and Remands Texas Welder's Injury Suit Against Employer

DALLAS – A federal judge has ordered a Texas man's injury suit against his former employer returned to state court, rejecting the defendant's contention that the claims asserted arise under the Employee Retirement Income Security Act of 1974 and provide federal question jurisdiction.

Judge Jorge A. Solis of the U.S. District Court for the Northern District of Texas granted Michael DeJesso's motion to remand on Jan. 21, rejecting the employer's argument that the plaintiff's deposition testimony demonstrates that the claims asserted are governed by ERISA.

Michael DeJesso sued Prentex Alloy Fabricators Inc. in Teas state court on May 20, 2011, …