ERISA Litigation: Preemption of State Laws: Complete Preemption | Practical Law

ERISA Litigation: Preemption of State Laws: Complete Preemption | Practical Law

A Practice Note addressing how the Employee Retirement Income Security Act of 1974 (ERISA) completely preempts certain state claims that would otherwise duplicate, supplement, or supplant ERISA's civil enforcement provisions. A lawsuit may be completely preempted by ERISA (and be subject to removal) if it asserts a state-law cause of action to enforce the terms of an ERISA plan and that lawsuit conflicts with (or is duplicative of) the federal causes of action available under ERISA's civil enforcement provision.

ERISA Litigation: Preemption of State Laws: Complete Preemption

Practical Law Practice Note w-037-6453 (Approx. 15 pages)

ERISA Litigation: Preemption of State Laws: Complete Preemption

by Practical Law Employee Benefits & Executive Compensation
MaintainedUSA (National/Federal)
A Practice Note addressing how the Employee Retirement Income Security Act of 1974 (ERISA) completely preempts certain state claims that would otherwise duplicate, supplement, or supplant ERISA's civil enforcement provisions. A lawsuit may be completely preempted by ERISA (and be subject to removal) if it asserts a state-law cause of action to enforce the terms of an ERISA plan and that lawsuit conflicts with (or is duplicative of) the federal causes of action available under ERISA's civil enforcement provision.