As we have been covering, the Supreme Court has overturned Roe v. Wade in their Dobbs v. Jackson Women’s Health Organization, leaving it to states to regulate access to abortion in their territory. The Biden Administration’s response to the overturning of Roe v. Wade in Dobbs v. Jackson Women’s Health Organization is taking
ERISA preemption
Coffee Talk With Benefits Episode 5: Cryptocurrency Investments in Retirement Plans
Retirement plan investment in cryptocurrencies has been a hot topic of discussion in recent months. The Department of Labor’s reaction to Super Bowl commercials with celebrities touting crypto-investments, followed by Fidelity’s announcement that it would make cryptocurrency available for plan investment in the near future, has sparked some hot debate. In this episode of Coffee…
Class Action Lawsuit Filed Against Washington State’s Long Term Cares Act – Dismissed!
A federal judge has dismissed a class action lawsuit that challenged the Washington Long-Term Cares Act (“Cares Act”), ruling that because the Cares Act is not established or maintained by an employer and/or employee organization, it is not an employee benefit plan and therefore not governed or preempted by ERISA. The Court also held that…
Supreme Court Will Yet Again Opine on the Scope of ERISA Preemption
Seyfarth synopsis: The Supreme Court has just granted certiorari in a case regarding the question of whether ERISA preempts state efforts to regulate Pharmacy Benefit Managers (PBMs). The decision will have important implications as the broad ERISA preemption doctrine will become further defined.
The Supreme Court just granted certiorari in Rutledge v. Pharmaceutical Care Management…
ERISA Preemption — The Courts of Appeal Continue to Rule As They Await Further Supreme Court Attempts To Define, Once and for All, Its Limiting Principles
By Mark Casciari and Ian Morrison
Synopsis: Two Courts of Appeal reach opposite results on ERISA preemption, thus continuing the judicial quest for a definitive meaning of ERISA preemption. Stay tuned for more such decisions, and yet more Supreme Court preemption decisions.
The federal Employee Retirement Income Security Act (ERISA) has been effective, as a…