Subscribe (Free) to
Daily or Weekly Newsletters
Post a Job

Featured Jobs

Senior Client Success Manager

Independent Retirement
(Remote)

Independent Retirement logo

Relationship Manager – Defined Contributions

Daybright Financial
(Remote)

Daybright Financial logo

Consultant / Account Manager

Spectrum Pension Consultants (part of Daybright Financial)
(Remote / Tacoma WA / CA / OH)

Spectrum Pension Consultants (part of Daybright Financial) logo

Regional Sales Director-Mid Atlantic

July Business Services
(Waco TX / DC)

July Business Services logo

Relationship Manager

Daybright Financial
(Remote)

Daybright Financial logo

Plan Administration Analyst

EPIC RPS
(Remote)

EPIC RPS logo

Team Leader

Nova 401(k) Associates
(Remote)

Nova 401(k) Associates logo

Plan Administrator

Stones River Consulting
(Remote / TN)

Stones River Consulting logo

Director of Regulatory Operations and Compliance

PCS Retirement
(PA / Hybrid)

PCS Retirement logo

Director, Strategic Accounts and Channel Development

July Business Services
(Remote / Waco TX)

July Business Services logo

Manager of Client Service

EPIC RPS
(Remote / Norwich NY)

EPIC RPS logo

Regional Sales Director-Heartland

July Business Services
(Remote / Waco TX / IL)

July Business Services logo

Internal Channel Sales Team Lead

July Business Services
(Remote / Waco TX)

July Business Services logo

Consulting Actuary

Daybright Financial
(Remote)

Daybright Financial logo

Experienced Employee Benefits Attorney

Shipman & Goodwin LLP
(Hartford CT / Stamford CT / Boston MA / Hybrid)

Shipman & Goodwin LLP logo

View More Employee Benefits Jobs

Free Newsletters

“BenefitsLink continues to be the most valuable resource we have at the firm.”

-- An attorney subscriber

Mobile app icon
LinkedIn icon     Twitter icon     Facebook icon

Citing ERISA Preemption, Sixth Circuit Dismisses State-Law Claims
The Wood Law Firm, PLLC Link to more items from this source
[Guidance Overview]
Apr. 26, 2009
Excerpt: The Sixth Circuit rejected Lerner's [the plaintiff] arguments that his state-law claims against EDS were based not on Continental's denial of long-term disability benefits, but on EDS's alleged failure to make sure that his SDRC benefits were not diminished in the corporate transition. The Court pointed out that Lerner had specifically pled in his state-law claims that his damages included 'the loss of disability insurance benefits (monthly benefit payments, return to work benefits, and rehabilitation benefits.)' In the view of the Court, 'Lerner has thus chosen to seek payment of the disability insurance benefits themselves, not merely damages in an amount equal to those benefits.' Therefore, the Court said, 'the state-law claims against EDS for breach of contract, fraudulent misrepresentation, and innocent misrepresentation 'relate to' an ERISA benefit plan and are preempted by that federal statute.'

MORE >>

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).