ERISA Preemption Declaratory Judgment Action Survives New Jersey Dismissal Attempt

Mealey's (May 25, 2021, 11:43 AM EDT) -- TRENTON, N.J. — A trade association sufficiently demonstrated an injury-in-fact and causation to have standing even though the New Jersey Senate bill it is challenging has not yet been enforced, a federal judge in New Jersey ruled May 20, denying a state official’s motion to dismiss the suit seeking a declaration that the bill requiring employers to pay severance to employees who are part of a "mass layoff" is expressly preempted by the Employee Retirement Income Security Act....