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Home / Opinion Digest / Labor & Employment / Labor & Employment – ERISA – State-Law Counterclaims – Preemption – First Impression (access required)

Labor & Employment – ERISA – State-Law Counterclaims – Preemption – First Impression (access required)

Shepherd v. Community First Bank (Lawyers Weekly No. 002-193-17, 9 pp.) (Mary Geiger Lewis, J.) 8:15-cv-04337; D.S.C. Holding: Since defendants’ state-law counterclaims relate to the parties’ ERISA plan, those counterclaims are preempted by ERISA. The court grants plaintiff’s motion to dismiss defendants’ state-law counterclaims. The Employee Retirement and Income Security Act supersedes “any and all State laws insofar ...

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