9th Circuit En Banc Rehearing, Golden Gate Overturn Sought In ERISA Preemption Case

Mealey's (May 4, 2021, 12:47 PM EDT) -- SEATTLE — A March Ninth Circuit U.S. Court of Appeals panel ruling that the Employee Retirement Income Security Act does not preempt a Seattle ordinance that requires large hotels to spend certain amounts on health coverage for their employees is wrong because the circuit’s controlling Golden Gate Rest. Ass’n v. City & Cnty. of San Francisco decision is wrong, a trade association argues in an April 30 petition for rehearing en banc, framing the case as a chance for the court to resolve a circuit split and conflicts with U.S. Supreme Court precedent by revisiting and overruling Golden Gate....