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Preemption
By: Derek Hawkins//March 9, 2016//
Listen to this articleUS Supreme Court
Case Name: Gobeille v. Liberty Mut. Ins. Co
Case No.: 14-181
Focus: Preemption
ERISA preempts State laws insofar as they relate to employee benefit plans.
“ERISA expressly pre-empts “any and all State laws insofar as they may now or hereafter relate to any employee benefit plan.” 29 U. S. C. §1144(a). As relevant here, the clause pre-empts a state law that has an impermissible “connection with” ERISA plans, i.e., a law that governs, or interferes with the uniformity of, plan administration. Egelhoff v. Egelhoff, 532 U. S. 141, 148.”
Affirmed
Thomas concurring
Ginsburg, Breyer Dissenting
Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.
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