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Seventh Circuit: ERISA Does Not Preempt State-Law Fiduciary Claims Against Dual-Hat Corporate Directors and Officers
Thomson Reuters Practical Law 
Aug. 3, 2021 "[T]he Seventh Circuit held that ERISA did not preempt the creditors' state-law claims because ERISA contemplates that directors and officers such as the defendants may have parallel and independent duties to a corporation -- in addition to their ERISA fiduciary duties. Focusing on ERISA's conflict preemption rules, the court considered whether (and how much) the creditors' state-law fiduciary duty claims interfered with ERISA's fiduciary duties." [Halperin v. Richards, No. 20-2793 (7th Cir. Jul. 28, 2021)] |
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