Eleventh Amendment and Tax Injunction Act preclude court from considering whether ERISA preempts Wisconsin tax law

Article Abstract:

A US district court ruled in Darne v. Wisconsin that the 11th Amendment barred federal suits for monetary relief by the taxpayer against employees of the Wisconsin Dept of Revenue. The court found that the injunctive relief sought, which involved benefit plan early withdrawal taxes levied by the state, was barred because the Tax Injunction Act of 1937 barred federal courts from hearing state tax cases when a state remedy was available. The taxpayer's suit was dismissed without the court addressing the ERISA preemption issues that had been pleaded.

Laws, regulations and rules, Qualified benefit plans, State taxation, Wisconsin, Tax penalties, Federal jurisdiction

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Third Circuit finds no ERISA preemption in New Jersey hospital rate case

Article Abstract:

The 3rd Circuit held in United Wire, Metal & Machine Health & Welfare Fund v. St. Mary's Hospital that ERISA did not preempt a New Jersey law enacted to control health care costs and creating a prospective pricing system based on diagnosis-related groups. The part of the law at issue was a clause permitting the hospital to levy surcharges on plan participants to help compensate the hospital for the indigent care provided. The court did not find any preemption since the state law did not single out ERISA plans or try to regulate their affairs.

Prospective payment systems (Medical care)

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Malpractice claim not preempted by ERISA

Article Abstract:

ERISA cannot preempt a state medical malpractice claim, according to a 1997 federal district court ruling. The court ruled states had jurisdiction over issues such as quality control of health benefits, since ERISA does not specifically address this issue. In remanding the case to state court, the federal court appeared to be imply federal jurisdiction over ERISA-covered plans does not extend to issues such as negligent care.

Physicians, Health insurance, Medical malpractice

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