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Seventh Circuit: ERISA Does Not Preempt Certain State Law Claims Against 'Dual-Hat' Officers, Directors
Holland & KnightLink to more items from this source
Aug. 25, 2021

"The court determined that ERISA did not preempt the state-law claims against the officers and directors, concluding that ERISA contemplates parallel state-law corporate liability against directors and officers who serve dual roles as both corporate and ERISA fiduciaries. The court found that ERISA did preempt the state-law claims against the employee benefit plan trustee and its financial advisor because those claims would interfere with ERISA's remedial scheme." [Halperin v. Richards, No. 20-2793 (7th Cir. Jul. 28, 2021)]

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