200 W. Madison St. | Suite 2670 | Chicago, IL 60606 | Directions
DeBofsky, Sherman & Casciari, PC
Call Now 312-702-1842
800-237-5182 Toll Free
We Return Calls The Same Day.

Emotional Distress Archives

Intentional Infliction of Emotional Distress and ERISA

Although the ERISA law generally preempts state law causes of action that relate to claims for employee benefits, a recent federal court ruling from California Dale v. Reed Group, Ltd., 2015 WL 6954915 (N.D. Cal. November 10, 2015), permitted an exception to that general rule.  Ed Dale, an employee of Intel Corporation who became disabled, was refused long-term disability benefits.  In challenging the benefit denial, he added a claim for intentional infliction of emotional distress (IIED), which Intel and its benefit administrators tried to have dismissed on ERISA preemption grounds.  He maintained that in the course of his claim, he was accused of lying or exaggerating his claims, urged to take experimental medication and forced to undergo examinations that caused pain, emotional distress and anxiety. 

  • super Lawyers
  • AV - Lexis Nexis - Martindale Hubbell - Preeminent - For Ethical Standards and Legal Ability
  • AVVO - Have No Legal Fear
  • BBB | A+ Rating
  • American Academy Of Trail Attorneys | Premier 100 | 2015 | AATA

Tell Us About Your Issue Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For a Response

Office Location:

DeBofsky, Sherman & Casciari, PC
200 W. Madison St., Suite 2670
Chicago, IL 60606

Toll Free: 800-237-5182
Phone: 312-702-1842
Fax: 312-929-0309
Chicago Law Office Map

Office Location