Nevada Law Is Not Preempted By ERISA, 9th Circuit Majority Says In Vacating Ruling

Mealey's (September 7, 2018, 2:19 PM EDT) -- SAN FRANCISCO — The majority of the Ninth Circuit U.S. Court of Appeals on Sept. 4 vacated a district court’s ruling that a Nevada law that limits the damages that may be collected from general contractors who are vicariously liable for the debts of Employee Retirement Income Security Act plan members is preempted by ERISA after determining that the law, which has since been repealed, does not conflict with ERISA’s objectives or impermissibly “relate” to ERISA plans (The Board of Trustees of the Glazing Health and Welfare Trust, et al. v. Shannon Chambers, No. 16-15588, 9th Cir., 2018 U.S. App. LEXIS 25030)....