ERISA does not preempt state malpractice claim
Article Abstract:
The Utah Supreme Court ruled in Harmon City, Inc. v. Nielsen & Senior that state malpractice claims against profit-sharing plan attorneys are not preempted by ERISA. After settling a Dept of Labor prohibited transactions suit, plan administrators sued the plan attorneys regarding advice given regarding the transactions. The court found that there was no ERISA exemption because the state malpractice laws were laws of general application that only incidentally affected ERISA plans.
Publication Name: Tax Management Compensation Planning Journal
Subject: Law
ISSN: 0747-8607
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
Employer not liable for ERISA s. 502(c)(1) penalties for failing to provide notification of COBRA qualification event
Article Abstract:
The US District Court for the Southern District of Florida in Vincent v. Wells Fargo Guard Services held that only employee benefit plan administrators are subject to ERISA civil penalties for failure to provide Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) notice to plan participants or beneficiaries. Employers' liability is limited to reimbursement of employees' medical expenses.
Publication Name: Tax Management Compensation Planning Journal
Subject: Law
ISSN: 0747-8607
Year: 1999
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Another broken promise to the United States Indians. The reasons for and ramifications of eliminating "true doubt."(Case Note)
- Abstracts: Science and Technology Section looks to future. Litigation Section sets new focus. Business Law Section will seek to extend services
- Abstracts: Insuring punitive damages: many courts allow insurance coverage if punitives can be awarded for reckless conduct
- Abstracts: Easing the credit crunch: a "functional" approach to lender control liability under CERCLA. CERCLA arranger liability in the Eighth Circuit: United States v. TIC Industries
- Abstracts: Congress revises qualified plan distribution rules. IRS provides guidance on rollover distributions and 20% withholding under 1992 Unemployment Compensation Act