High Court Urged Not To Hear ERISA Preemption Case

Law360, New York (May 28, 2010, 5:45 PM EDT) -- The solicitor general has urged the U.S. Supreme Court not to take up a case over whether the Employee Retirement Income Security Act prevents San Francisco from implementing a controversial program requiring employers to spend a specific sum on employees' health care, saying the issue has been reduced in importance by the recently passed health care reform law.

Although the federal legislation accommodates state authority over the regulation of health insurance, it significantly reduces the potential that state or local governments will choose to enact health...
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