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Does ERISA Preempt a State Law Claim of Fraudulent Plan Representation?
Bloomberg BNA Link to more items from this source
May 28, 2014
"Each of the employer's claims stemmed from alleged misrepresentations and omissions made by the plan and its representatives to induce the employer to invest in the plan before it was formed, so the claims were not subject to ERISA, the federal district court said. Further, the court said that all of the complained-of conduct occurred before the plan's formation and 'does not implicate the administration, interpretation, or recovery of benefits of the plan or relate to a violation of the plan's terms.'" [Patel v. Sea Nine Assocs., Inc., No. 3:13-cv-04491-B (N.D. Tex. May 15, 2014)]

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