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Hampers v. W.R.Grace & Co.-Conn, Inc., 202 F.3d 44 (1st Cir 2000): ERISA preempts state common law claims that seek to recover benefits. ERISA preempts a common law action for lump-sum contract damages arising out of the alleged failure of a former employer to enroll the plaintiff in a supplemental executive retirement plan (SERP) because (1) The conduct that was alleged as the basis of the breach of contract claim was the same as the conduct alleged as the basis of an ERISA claim; (2) the relief focused on benefits linked to ERISA remedies and was calculated on the basis of a plan; and (3) the former employer's decision to deny the plaintiff participation was made in its capacity as an ERISA employer.
Constantine Hampers was an associate professor at Harvard Medical School and a nephrologist who specialized in end-stage renal disease. In 1968, he co-founded National Medical Care, Inc. (NMC), which provided dialysis to patients through private clinics. Between 1984 and 1989, W.R. Grace and Company-Connecticut (Grace) bought a 100% equity interest in NMC and began operating it as a wholly owned subsidiary. Hampers negotiated an employment agreement with Grace that provided for his participation in NMC's retirement plan. In 1990, Grace's president asked Hampers to become an executive vice president of Grace as well as the director of its health care group, which included NMC. He proposed a new employment agreement that included membership in Grace's retirement plan and its supplemental executive retirement plan (SERP).