Employee Benefits & Executive Compensation Blog

The View from Proskauer on Developments in the World of Employee Benefits, Executive Compensation & ERISA Litigation

Category Archives: Preemption

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Fourth Circuit Concludes That State Law Claims For Life Insurance Benefits Are Preempted

The Fourth Circuit recently concluded that a Sears employee’s state law claims seeking money damages based on denial of insurance benefits (for failure to submit evidence of insurability questionnaire) was preempted by ERISA.  The Court explained that resolution of the state law claims required examining the plan to determine Sears’ obligations as plan administrator and making … Continue Reading

State Law Claims for Short-Term Disability Benefits Not Preempted By ERISA

A federal district court in Tennessee ruled that ERISA did not preempt state law claims for short-term disability benefits because the short-term disability plan fell under the “payroll practice” exception of ERISA.  LeBlanc v. SunTrust Bank, No. 3:15-cv-00630 (M.D. Tenn. Aug. 24, 2015).  SunTrust provided employees with short-term disability benefits for up to 25 weeks … Continue Reading

Sixth Circuit says ERISA does not preempt state law claim for fraudulent inducement.

The Sixth Circuit recently held that ERISA did not preempt  a plan participant’s claim for state law fraudulent inducement.   McCarthy v. Ameritech Pub., Inc., No. 12-4510, 2014 WL 3930572 (6th Cir. 2014).  Defendant-API’s decided to terminate Plaintiff’s employment and gave her two options: (1) she could leave and receive a lump-sum “termination payment”;  or (2) … Continue Reading
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