Law360 (November 27, 2019, 4:37 PM EST) -- Some states have responded to rising health care costs and dwindling retirement savings by passing legislation, triggering court challenges from business groups and others who say those statutes are trumped by federal benefits law.
The Employee Retirement Income Security Act was drafted with a broad preemption clause meant to ensure that benefit plans could be administered uniformly across the nation. ERISA has been invoked to fight anything from state wage rules to drug reimbursement regulations, and some plaintiff-side attorneys feel that the scope of preemption has been pushed too far.
“Honestly, I think over the years they developed this mantra of ‘ERISA...
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