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- Title
ERISA PREEMPTION OF STATE-LAW CLAIM--DISABILITY DISCRIMINATION--FEDERAL-QUESTION JURISDICTION.
- Abstract
The article discusses a court case wherein the Employee Retirement Income Security Act (ERISA) preempts a state-law on an employers wrongful motivation to deny employees' pension benefits. It cites the case filed by Kerry McLain against Andersen Corp. and Andersen Distribution Inc. for illegal restrictions at work. The Supreme Court held that the ERISA remedy be exclusive and that any cause of action can preempt a state law when duplicated, supplemented or supplanted.
- Subjects
ACTIONS &; defenses (Law); RETIREMENT laws; RETIREMENT benefits; MCLAIN, Kerry; ANDERSEN Corp.
- Publication
Benefits Quarterly, 2010, Vol 26, Issue 3, p53
- ISSN
8756-1263
- Publication type
Article