State Law Claims Do Not Escape ERISA Preemption, 5th Circuit Affirms

(December 7, 2017, 9:49 AM EST) -- NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Dec. 4 affirmed a lower court’s ruling that a claimant’s state law claims against a life insurer are preempted by the Employee Retirement Income Security Act, finding that ERISA’s savings clause does not permit state law claims seeking recovery of ERISA benefits to escape preemption (Katheryn Swenson v. United of Omaha Life Insurance Co., No. 17-30374, 5th Cir., 2017 U.S. App. LEXIS 24465)....

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