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
ERISA preemption
Supreme Court Will Yet Again Opine on the Scope of ERISA Preemption
By Michael W. Stevens & Mark Casciari on
Posted in 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 Seyfarth Shaw LLP on
Posted in Uncategorized
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…