Featured Jobs
|
Frank Pension Consultants, Ltd.
|
|
Relationship Manager - Defined Contributions Daybright Financial
|
|
DWC - The 401(k) Experts
|
|
MAP Retirement
|
|
Defined Contribution Account Manager Nova 401(k) Associates
|
|
DWC - The 401(k) Experts
|
|
Retirement Plan Onboarding Specialist Compass
|
|
PPS Pension Services
|
Free Newsletters
“BenefitsLink continues to be the most valuable resource we have at the firm.”
-- An attorney subscriber
|
|
|
Ninth Circuit Decides - San Francisco Health Care Law Not ERISA Preempted
Paul M. Secunda viz Marquette University Law School Faculty Blog 
[Opinion] Oct. 1, 2008
Excerpt: Over the years following this issue, I have reluctantly agreed with the findings of ERISA preemption against these types of laws (see here for an example). However, I am now persuaded that the Ninth Circuit's ruling is consistent with the Travelers precedent from 1995 that unless a law is historically a matter of local concern, there should be a presumption against finding ERISA preemption. It seems to me that courts have read ERISA incorrectly in this regard in past cases.
|
| Please click here to report this link if it is broken (for example, if you see a "404 File Not Found" error message after you click on the linked news item's title). |
| An important word about authorship: BenefitsLink® created this link to the news item, but we are not the news item's author (unless expressly shown above). |