Verlyn Roschewski v. Ratheon Company

MEMORANDUM

Verlyn Roschewski appeals pro se from the district court’s summary judgment in his action alleging that defendant Raytheon Company improperly required him to pay medical insurance premiums, in violation of a contract with his former employer. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Pisciotta v. Teledyne Indus., Inc., 91 F.3d 1326 , 1329 (9th Cir.1996) (per curiam). We affirm.

The district court properly concluded that the operative complaint stated a violation under the Employee Retirement Income Security Act of 1974 (“ERISA”) and that Roschewski’s breach-of-contract claim was preempted by ERISA. See 29 U.S.C. § 1144 (a) (ERISA generally supersedes state laws insofar as they relate to any employee benefit plan); DeVoll v. Burdick Painting, Inc., 35 F.3d 408, 412 (9th Cir. 1994) (“‘The Ninth Circuit has held that ERISA preempts common law theories of breach of contract implied in fact, promissory estoppel, estoppel by conduct, fraud and deceit, and breach of contract.’ ” (citation omitted)).

The district court properly granted summary judgment because Roschewski failed to raise a genuine dispute of material fact as to whether an…