This Article has two aims: first, to show that there is indeed little to guide courts in interpreting section 514(a), and second, to show that despite this lack of guidance, courts can still apply the provision rationally
This Article begins by explaining the problem confronting the participant in the benefits-due lawsui...
Before 1974, participants in employer retirement plans seeking monetary relief for denied benefits w...
The Employee Retirement Income Security Act of 1974 (ERISA), enacted to correct widespread abuses in...
This Article attempts to describe the ways in which, and the reasons why section 514(a) has caused t...
Congress attempted to encourage the growth of private employee benefit plans by drafting the preempt...
The authors suggest plaintiffs and/or state attorneys general should consider taking Justice Clarenc...
Article examines the language of Employment Retirement Income Security Act of 1974 (ERISA), the pre-...
This Article analyzes the preemptive effect of ERISA on state third party prescription drug program ...
This Article develops a standard by which to judge the correctness of the ERISA federal common law r...
Under the U.S. Constitution’s Supremacy Clause, federal law preempts state law. In 1974 Congress pas...
Popular consensus suggests that the Employee Retirement Income Security Act (“ERISA”) is a mess, and...
The article provides an extensive look at the subject of preemption across the benefits spectrum. It...
Most of that change has involved the direction in which the Court has taken its interpretation of th...
This Article will explore the current boundaries of the federal common law of ERISA and will urge th...
The comprehensive federal scheme for regulating pension and other employee benefit plans, ERISA, is ...
This Article begins by explaining the problem confronting the participant in the benefits-due lawsui...
Before 1974, participants in employer retirement plans seeking monetary relief for denied benefits w...
The Employee Retirement Income Security Act of 1974 (ERISA), enacted to correct widespread abuses in...
This Article attempts to describe the ways in which, and the reasons why section 514(a) has caused t...
Congress attempted to encourage the growth of private employee benefit plans by drafting the preempt...
The authors suggest plaintiffs and/or state attorneys general should consider taking Justice Clarenc...
Article examines the language of Employment Retirement Income Security Act of 1974 (ERISA), the pre-...
This Article analyzes the preemptive effect of ERISA on state third party prescription drug program ...
This Article develops a standard by which to judge the correctness of the ERISA federal common law r...
Under the U.S. Constitution’s Supremacy Clause, federal law preempts state law. In 1974 Congress pas...
Popular consensus suggests that the Employee Retirement Income Security Act (“ERISA”) is a mess, and...
The article provides an extensive look at the subject of preemption across the benefits spectrum. It...
Most of that change has involved the direction in which the Court has taken its interpretation of th...
This Article will explore the current boundaries of the federal common law of ERISA and will urge th...
The comprehensive federal scheme for regulating pension and other employee benefit plans, ERISA, is ...
This Article begins by explaining the problem confronting the participant in the benefits-due lawsui...
Before 1974, participants in employer retirement plans seeking monetary relief for denied benefits w...
The Employee Retirement Income Security Act of 1974 (ERISA), enacted to correct widespread abuses in...