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Unpublished Paper
ERISA Preemption: A Product Rule and the Neglected Workhorse
ExpressO (2007)
  • Joseph Snoe
Abstract

ERISA preemption of state laws has troubled courts and commentators for over two decades. This article under the umbrellas label the "Product Rule" concludes that a state has broad discretion to regulate products and services marketed in the state, even products and services marketed to ERISA plans.

The article then explans how ERISA section 502 is the exclusive vehicle for Employee Benefit Plan participants and beneficiaries to bring civil suits against HMOs, insurance companies and others doing busienss with the ERISA plans. By contracting with an ERISA plan, a company or person offering services or products to an ERISA plan automatically incorporates the state law into the ERISA plan so that the ERISA plan beneficiaires and participants can bring an action to enforce the state regulation as a "term of the plan" rather than as state law.

Keywords
  • ERISA preemption,
  • ERISA,
  • HMO,
  • Davila,
  • Pegram,
  • Herdrich,
  • Rush Prudential,
  • Savingts clause,
  • Deemer clause,
  • pilot Life,
  • state law,
  • complete preemption,
Disciplines
Publication Date
March, 2007
Citation Information
Joseph Snoe. "ERISA Preemption: A Product Rule and the Neglected Workhorse" ExpressO (2007)
Available at: http://works.bepress.com/joseph_snoe/1/