"Specifically, the Court should acknowledge the tension between Shaw v. Delta Air Lines, Inc. and the Court's subsequent decision in New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Ins. Co. by reconsidering the statute afresh. As part of such reconsideration, the Court should construe ERISA Section 514(a) as creating a presumption for preemption.... Finally, the Court should jettison the notion that traditional areas of state law as defined by the Court are immune from ERISA's more expansive than usual preemption and should instead acknowledge what the statute says: Per Sections 514(b)(2)(A) and 514(b)(4), the areas immunized from ERISA's more stringent preemption are -- and are only -- state banking, securities, insurance, and criminal laws." [Gobeille v. Liberty Mutual Ins. Co., No. 12-4881 (2d Cir. Feb. 4, 2014; No. 14-181 cert. pet. filed Aug. 13, 2014)]  MORE >>