Travitz v. Northeast Department ILGWU Health and Welfare Fund, 17 EBC 1923 (3rd Cir. 1994)(Dorothy Travitz, International Ladies Garment Workers Union) (Preemption)
Article Abstract:
Dorothy Travitz sued the Northeast Dept. International Ladies Garment Workers Union Health and Welfare Fund for refusing to pay the medical expenses she incurred due to an automobile accident. Northeast countered that its contract excluded payment of expenses for a condition that could be recovered through claim settlement or legal action. The Court of Appeals for the Third District ruled that ERISA preempted a Pennsylvania ruling that victims of automobile accidents could not recover any amount from erring tortfeasors that could be received from a medical benefit plan and other group agreements.
Publication Name: Benefits Quarterly
Subject: Human resources and labor relations
ISSN: 8756-1263
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
Employee Staffing Services Inc. v. Aubry, 18 EBC 1033 (9th Cir. 1994)
Article Abstract:
Employee Staffing Service Inc. sued the California Labor Standards Enforcement Div. for refusing to grant certificates to garment manufacturers hiring staff from its Stafcor subsidiary. Employee Staffing argued that ERISA preempts state regulation of workers' compensation. The Court of Appeals for the Ninth Circuit ruled in favor of California, explaining that although ERISA preempts state regulation of an ERISA plan, it does not prohibit state mandates that employers follow specified workers' compensation coverage.
Publication Name: Benefits Quarterly
Subject: Human resources and labor relations
ISSN: 8756-1263
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
Aloha Airlines Inc. v. Ahue, 17 EBC 2097 (1993)(9th Cir. 1993)
Article Abstract:
The Air Line Pilots Assn. International (ALPA) appealed a district court ruling that ERISA preempted a Hawaii Payment of Wages statute requiring employers to shoulder employee medical examination expenses. ALPA argued that the law is a generally applicable criminal law and therefore excluded from preemption under ERISA Section 514(b)(4). The Court of Appeals for the Ninth Circuit rejected ALPA's appeal, explaining that the Hawaiian law relates to an ERISA plan.
Publication Name: Benefits Quarterly
Subject: Human resources and labor relations
ISSN: 8756-1263
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Talent management: From hire to retire. Don't stifle intuition in your workplace
- Abstracts: The constraints of a 'work-life balance' approach: an international perspective. Why work-life balance now?
- Abstracts: Member support for union mergers: an analysis of an affiliation referendum. The political influence of unions and corporations on COPE votes in the U.S. Senate, 1979-1988
- Abstracts: Is your investment education program designed to be all things to all people? Supplemental employee retirement plans: what they are and how they should be used
- Abstracts: Watkins v. Westinghouse Hanford Co., F.3d (9th Cir. 1993), 17 EBC 1990. Simas v. Quaker Fabric Corporation of Fall River, 6 F.3d 849 (1st Cir. 1993)