Kirkman v. EXPLORICA, INC.

Jeffrey Kirkman, classified as an independent contractor, sued Explorica, Inc. in Massachusetts state court on three state-law claims, including a fraud claim alleging he was misclassified and denied employee benefits; Explorica removed the case to federal court, arguing ERISA completely preempted that claim. The federal district court found that because both parties agreed Kirkman was classified as an independent contractor and thus was not an ERISA plan "participant," he lacked standing to bring an ERISA claim, meaning the case did not fall within ERISA's complete preemption and the court had no subject matter jurisdiction, so it granted Kirkman's motion to remand to Massachusetts Superior Court and denied Explorica's motion to dismiss as moot. All three of Kirkman's state-law claims return to state court, and no federal court ruling was made on their merits.