Ronald Ellison Julie Johnsrud Ronald Ellison, as of the Estate of Lois Ellison v. Spectrastar, Dba: Llumar Star Kites

91 F.3d 151 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ronald ELLISON; Julie Johnsrud; Ronald Ellison, as Executor of the Estate of Lois Ellison, Plaintiffs-Appellants v. SPECTRASTAR, dba: Llumar Star Kites, Defendant-Appellee No. 94-56483. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 12, 1996. Decided July 2, 1996. 1 Before: O'SCANNLAIN and TROTT, Circuit Judges; VAN SICKLE, * District Judge. 2 MEMORANDUM ** 3 The family of decedent Lois Ellison appeals from summary judgment in favor of SpectraStar. The Plaintiffs believe the District Court erred in its finding that their wrongful death, negligence, fraud, and breach of contract claims against SpectraStar must be dismissed because the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq., preempts the field. Specifically, they believe that ERISA should not shield an employer from liability when, at the time the employee requests benefits, the plan had previously…