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Report Link Pennsylvania Court Holds ERISA Preempts Pennsylvania Law Revoking Ex-Spouse’s Benefits.Ogletree Deakins - June 03, 2008 On May 9, 2008, the Pennsylvania Superior Court, in a 2-1 decision, ruled that the Employee Retirement Income Security Act (“ERISA”) preempts a Pennsylvania law that mandates the revocation of beneficiary designations upon divorce. In re Estate of Sauers, Pa. Super. Ct. (No. 1060 MDA 2007). At issue in the case was a 1997 policy of life insurance that was issued to certain employees of C.S. Davidson, including Paul Sauers. In June 1998, following the issuance of the policy, Paul Sauers married Jodie Sauers. Later that same year, Paul named Jodie as the primary beneficiary of the insurance policy, and named his nephew as the contingent beneficiary. Report Link Claims Brought By Individuals Who Are Not Participants In ERISA Plan Are Not Preempted By ERISA.Ford & Harrison LLP - October 15, 2007 The Ninth Circuit recently held that ERISA does not preempt claims brought by individuals who are not participants of the ERISA plan at issue. See Miller v. Rite Aid Corporation (9th Cir. October 11, 2007). In Miller, the Ninth Circuit vacated the decision of the federal trial court and remanded the case for further proceedings. Report Link Suffolk County (NY) "Fair Share" Law Preempted By ERISA.Jackson Lewis LLP - July 31, 2007 A New York county law requiring certain large or "big box" retail stores to provide health care benefits to employees was struck down by a federal district court in New York as preempted by the Employee Retirement Income Security Act (ERISA), the federal statute regulating employee benefits. Report Link U.S. Supreme Court Supports Subrogration-with Limits (pdf).Vedder Price - June 01, 2006 To no one’s surprise, the confi rmation hearings for Chief
Justice Roberts provided no insight into his views on
ERISA. But now he has authored the Supreme Court’s
unanimous ERISA decision in Sereboff v. Mid Atlantic
Medical Services, Inc. (May 15, 2006). Report Link Benefits Alert: Supreme Court Strengthens Plan's Ability to Seek Reimbursement from Plan Beneficiaries.Ford & Harrison LLP - May 24, 2006 The U.S. Supreme Court has held that plan fiduciaries can seek reimbursement from plan beneficiaries for medical expenses paid to cover injuries caused by third parties, if the beneficiaries recover damages from the third parties, so long as there are specifically identifiable funds in the possession and control of the beneficiaries. Report Link Supreme Court Breathes New Life Into the Ability of Benefits Plans to Sue Under ERISA to Seek Recoupment.Littler Mendelson, P.C. - May 23, 2006 By the time a covered person recovers a judgment or settlement from a third party or insurance company for injuries sustained in an auto accident, chances are good that the reimbursable portion of medical bills have been paid for by an employer sponsored group health plan. Since 2002, group health plans have been limited in their ability to seek reimbursement from the judgment proceeds because of a United States Supreme Court ruling narrowly construing the remedies available under the Employee Retirement Income Security Act (ERISA). Report Link Supreme Court Rules That ERISA Preempts State Law Claims over HMO Coverage Decisions.Jackson Lewis LLP - June 24, 2004 On June 21, 2004, the U. S. Supreme Court decided that the Employee Retirement Income Security Act solely governs suits and remedies relating to an HMO's coverage decisions based on the terms of an ERISA-governed plan.
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ArticlesFound: 7 ArticlesNO SUBTOPICSEmployment Law Seminars
ANNUAL EMPLOYMENT LAW UPDATE
Sacramento
December 2, 2008 Shaw Valenza LLPCalifornia Workplace Law Update 2008Los Angeles
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008Costa Mesa
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008Sacramento
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008San Francisco
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008Sacramento
2008-12-2 Jackson Lewis LLPCalifornia Workplace Law Update 2008San Francisco
2008-12-2 Jackson Lewis LLPThe Generation Wars: Tips for Effectively Managing Generational Differences in the WorkplaceMinneapolis
December 2, 2008 Fredrikson & ByronLegally Required Sexual Harassment Training - California LocationsOntario
December 2, 2008 Fisher & PhillipsThe Generation Wars: Tips for Effectively Managing Generational Differences in the WorkplaceMinneapolis
December 2, 2008 Fredrikson |
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