Spilman obtained a dismissal of all claims against a global chemical company, a leading diversified health care benefits company and an individual defendant stemming from a wrongful discharge claim. The plaintiff filed a complaint asserting claims for age and disability discrimination under the West Virginia Human Rights Act, retaliatory discharge in violation of public policy, and a claim for benefits under ERISA. After removing the case to federal court, the defendants moved to dismiss the case. The plaintiff sought to amend his complaint, but defendants opposed the amendment. The Court determined that the amendment was futile, and that the underlying complaint failed to state a claim upon which relief could be granted.

Disclaimer