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Saving State Law Bad-Faith Claims from ERISA Preemption
Donald T. Bogan in TRIAL, via HARP.org 
Apr. 29, 2003 Excerpt: I suggest that the Moran dicta is incorrect and that it conflicts with the Court's 1983 decision in Franchise Tax Board v. Construction Laborers Vacation Trust ... Recognizing the Court's continued movement to limit the scope of ERISA preemption of state law in non-pension-plan cases, the extent of the statute's possible preemption of state law bad-faith and unfair-settlement-practices claims remains ripe for review ... |
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