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Gobeille v. Liberty Mutual: The Dog That Didn't Bark, and the Next Front in the Preemption War
Mintz Levin Mar. 22, 2016 "Applying what appeared to us as a straight-forward application of existing ERISA preemption jurisprudence, the Court determined that the Vermont law constituted plan administration and was thus preempted. Gobeille's holding is significant. The decision materially shifts the Federal/state balance of regulatory power, at the expense of the states, in instances where the states seek to regulate ERISA-covered employee benefit plans. This [article] examines an alternative approach raised in Gobeille, but not pursued, under which states might seek to regulate service providers of plans rather than the plans themselves to avoid ERISA preemption." |
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