Quality v. Quantity: Will ERISA Preemption Survive the Third Circuit Test of In Re U.S. Healthcare
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Authors
Klein, Martin V.
Issue Date
2001
Volume
34
Issue
4
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Congress enacted the Employee Retirement Income Security Act ("ERISA") in 1974 to, in part, regulate employee health care plans of employers. The intent of Congress in enacting ERISA was to replace the states' irregular regulation of pension plans with more uniform federal regulations. One important element of ERISA is the complete and express preemption provisions, which bar certain state law actions relating to employer-provided health care plans. Since the preemption language found in ERISA is so broad, courts often had difficulty defining preemption in state medical malpractice claims dealing with direct and vicarious liability claims...
Description
Citation
34 Creighton L. Rev. 1069 (2000-2001)
Publisher
Creighton University School of Law