The scope and breadth of the Employee Retirement Income Security Act’s statutory preemption of state laws that relate to employee benefit plans[1] has confounded the courts since ERISA was enacted in 1974. In recent years, a battle front has emerged over the power of local governments to ensure universal health care for workers. The U.S. District […]
Mark DeBofsky recently joined the faculty of the National Academy for Continuing Legal Education and recorded a new course, “ERISA for Dummies,” accessible via the following link: https://www.nacle.com/CLE/Courses/ERISA-for-Dummies-1485. The entire program may also be viewed here: https://youtu.be/wbH6YaZ661c.
What is “objective” evidence? A recent ruling from the 6th U.S. Circuit Court of Appeals definitively answered that question.
Is exhaustion of administrative remedies in challenging Employee Retirement Income Security Act-governed benefit denials required as a precondition to filing a lawsuit? A concurring opinion in Wallace v. Oakwood Healthcare Inc.[1] by U.S. Circuit Judge Amul Thapar of the Sixth Circuit raises provocative questions about the administrative exhaustion doctrine in ERISA cases and suggests that other […]