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Did the First Circuit Just Change Its Test for Preemption?
Stephen Rosenberg, The Wagner Law Group Aug. 4, 2014 "Historically, courts in the First Circuit have focused on two concepts in deciding whether a state law claim is preempted: [1] whether the state law cause of action seeks to supplement the causes of action available under ERISA itself; and [2] whether the state law claim requires consideration of the ERISA plan to decide the claim or would dictate specific terms or operational procedures for the plan.... [T]he First Circuit [recently] discussed the second concept by, in essence, applying a sliding scale analysis that considered how much impact the state law in question actually had on the ERISA governed plan, finding that too much equals preempted, while too little equals not preempted." [Merit Construction Alliance v. City of Quincy, No. 13-2189 (1st Cir. July 16, 2014)] |
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