2nd Circ. Nixes Vt. Win In ERISA Preemption Battle

Law360, New York (February 4, 2014, 7:06 PM EST) -- The Second Circuit sided with Liberty Mutual Insurance Co. on Tuesday in its preemption challenge to a Vermont law requiring self-insured employee health plans to report claims data to the state, ruling that the law — as applied to Liberty Mutual's plan — was trumped by the Employee Retirement Income Security Act.

A divided three-judge panel opinion reversed a Vermont federal district court's decision that granted the state summary judgment and said the law and underlying regulation Liberty challenged were not trumped by ERISA. 

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