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.

Attorneys, Lawyers, Pension funds, Malpractice, Exclusive and concurrent legislative powers, Preemption (Legislative power), Utah, Legal malpractice

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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.

United States, Employee Benefits & Services, Management, Human resource management, Employee benefits, Sanctions (Law), Notice (Law)

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