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Alaska Supreme Court - An Opinion on ERISA Preemption
Alaska Employment Law 
[Guidance Overview] Mar. 9, 2008
Excerpt: The Supreme Court held: 1) ERISA § 514 does not pre-empt a common law claim for negligent misrepresentation by non-participants. 2) Emotional distress damages were justified, even in the absence of physical injury .... 3) The allocation of 75 % fault to the Fund and 25 % fault to the employer was justified. The Court seemed to approve Judge Suddock's analogy of the employer to a 'lay consumer' and the Trust to an insurance company.
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