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the plaintiff but, rather, is a function of *325 the character of the interests which the plaintiff possesses in the property. By contrast, a constructive trust is based on the breach of a moral, social or legal duty arising out of the relationship of the parties. Butler, 559 A.2d at 1089. Thus, a constructive trust is appropriate where a fiduciary has abused his or her trust, and where the one holding title to the property is under a duty to reconvey it to the beneficiary. Kallen, 673 A.2d at 526. According to the complaint, Mr. Haase and Mrs. Haase are siblings, and because they were the sole beneficiaries of the estate, they had a close and confidential relationship. Based on this relationship, the complaint alleges that Mrs. Haase breached her fiduciary duty to Mr. Haase by "providing Mr. Haase an opportunity to purchase her interest in the Company... and then, once Mr. Haase purchased that interest, refusing to notify him of the Property's significant appreciation in value." Amended Complaint ¶ 17. Based on the facts alleged in the complaint, it is clear that a constructive trust is not appropriate in this case. It is not the character of the property that gives rise to the duty to return the property, but rather the relationship between the parties. Furthermore, there is no allegation that Mrs. Haase profited from her sale of her interest in the Company, and therefore there is no indication that the alleged breach of her fiduciary duty affected the value of the property at issue. Accordingly, because it is clear that the Haases have not set forth an actionable claim for constructive trust, the court grants summary judgment in favor of the defendants as to that claim. II. Preemption The defendants also seek summary judgment on the ground that the plaintiff's contract and tort claims are preempted by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq. Section 514(a) of ERISA provides that "ERISA shall supersede any and all State laws insofar as they may now or hereafter relate to any employee benefit plan" covered by ERISA. 29 U.S.C. § 1144(a). "Although state law is preempted to the extent that it `relates to' employee benefit plans, that preemption does not apply to state law that regulates insurance, banking, or



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