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ERISA preemption of state law


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Plaintiffs Must Do More Than Claim a Breach of Fiduciary Duty to State an ERISA Claim
Ninth Circuit: ERISA Does Not Preempt State's Unfair Trade Practices and Mental Health Parity Laws
Health and Welfare Plans Under ERISA: Guidelines for State and Federal Regulation (PDF)
Employee Benefits in the Supreme Court: October 2018 Update (PDF)
Individual Disability Insurance Policies May Create ERISA-Covered Plan
Ninth Circuit: ERISA Doesn't Preempt Nevada Law Limiting General Contractors' Obligations to Pay Delinquent Contributions
Medical Providers Test Boundaries of Benefit Assignments
Sixth Circuit Finds Group Health Policy for Tribal Members Was Not Subject to ERISA
The ERISA Industry Committee Files Lawsuit Against City of Seattle
Medicare and ERISA Preempt Arkansas Pharmacy Benefits Manager Law
ERISA and Medicare Part D Preempt Arkansas Law Regulating Pharmacy Benefits Managers
In Beneficiary Dispute, Supplemental Life Insurance Policy Was Subject to ERISA
Arizona Court of Appeals Misses with Fraudulent Transfer Opinion for ERISA Contributions
CalSavers Lawsuit Raises Tricky ERISA Questions
Seventh Circuit Holds That ERISA Does Not Preempt Illinois Slayer Statute
ERISA Doesn't Preempt Montana's Mental Health Parity Law
Montana Mental Health Parity Law Not Preempted by ERISA, Applies to Disability Income Replacement Benefits
Transamerica, FCE Nix Fraud Claims in ERISA Lawsuit
ERISA Does Not Preempt Montana's Mental Health Parity Law
Ninth Circuit: ERISA Preempts State Insurance Law Bans on Discretionary Clauses for Self-Funded ERISA Plans
Seventh Circuit Finds ERISA Preempted State Unpaid Leave Claim
Ninth Circuit: California Law Voiding Discretionary Clauses Is Preempted as to Self-Insured Plans
Ninth Circuit: ERISA Preempts California's Ban on Discretionary Clauses as It Applies to Self-Funded Disability Plans
Second Circuit: New York Law Prohibits Insurance Company from Offsetting Personal Injury Settlement Against Long Term Disability Benefits
[Opinion] ERISA: A Bipartisan Problem for the ACA and the AHCA
Grounding Deferential Review in California
ERISA Benefits and a Claimant's Bankruptcy: When Judicial Estoppel Requires Dismissal of Lawsuits Seeking Long Term Disability Benefits
Text of Supreme Court Opinion: Federal Employees Health Benefit Act Preempts Missouri Law Barring Subrogation and Reimbursement (PDF)
'Probate Exception' Barred Federal Jurisdiction in Health Plan's Reimbursement Claim Against Estate
University's Links to Catholic Church Not Sufficient to Exempt Its Disability Plan From ERISA
Supreme Court Declines to Hear Challenge to Validity of Forum Selection Clauses in ERISA Plans
Supreme Court Declines to Hear Challenge to Michigan Claims-Paid Tax
ERISA Preemption After Gobeille V. Liberty Mutual: Completing the Retrenchment of Shaw
Text of Eighth Circuit Opinion: ERISA Preempts Iowa Requirement for Reporting by Pharmacy Benefit Managers (PDF)
Benefits Litigation Update, Fall 2016 (PDF)
Identifying ERISA-Covered Employee Benefit Plans (PDF)
Text of Opinion Granting Summary Judgment for DOL in NAFA Challenge to Final Fiduciary Rule, Denying Injunction
Self-Funded ERISA Plans Subject to California Law Barring Discretionary Clauses
State Tax Laws Withstand Most ERISA Preemption Challenges
State Law May Prohibit Discretionary Clauses in ERISA-Covered Plans
Government-Mandated Sick-Leave Plans Unlikely to Be Preempted by ERISA
State Law Barring Enforcement of Discretionary Clauses Is Not Preempted When Applied to Self-Insured Plan
Discretion and Preemption: Unraveling ERISA, State Insurance Law
The Centre Barely Holds: ERISA Preemption After Gobeille v. Liberty Mutual (PDF)
District Court Finds Constructive Trust by Law Firm Supports Plan's Claim for Equitable Relief
California Court Says ERISA Preempts Physician's State Law Claim of Tortious Interference
District Court Applies Discretionary Clause Ban to ERISA Self-Funded Plan
[Guidance Overview] Exposure Draft for NAIC ERISA Handbook: Key United States Supreme Court Opinions on ERISA's Preemption Provisions (PDF)
State Court Lien Adjudication Claim Subject to Removal and ERISA Preemption
Sixth Circuit Again Says Michigan Tax Not Preempted by ERISA
Michigan Health Claims Tax Law Survives ERISA Preemption Challenge, Once Again
Text of Sixth Circuit Opinion: ERISA Does Not Preempt Michigan Claims-Paid Tax as Applied to Self-Insured Health Plans (PDF)
Strategies for Health System Innovation After Gobeille
District Court: Claim of Intentional Infliction of Emotional Distress is Narrow Enough to Avoid ERISA Preemption
Text of Federal District Court Opinion: ERISA Did Not Preempt Action for Intentional Infliction of Emotional Distress in Handling of Disability Claim (PDF)
ERISA Preemption Is Alive and Well
The High Court's Preemption Tango and the Future of ERISA
Supreme Court's Gobeille Decision Delivers a Win for Self-Funded Health Plan Sponsors
Supreme Court Reaffirms ERISA's Preemptive Effect
Sixth Circuit Must Rethink Whether ERISA Preempts Michigan Health Insurance Tax Law
 
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