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Current Developments in ERISA Law Around the Nation

ERISA Preemption

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Third Circuit Rules That Preemption Bars Provider’s Defamation Claim

By Peter Sessions on July 1, 2026
Posted in ERISA Preemption

Ahn v. Cigna Health & Life Ins. Co., No. 25-1723, __ F.4th __, 2026 WL 1813215 (3d Cir. June 24, 2026) (Before Circuit Judges Hardiman, Scirica, and Ambro)

ERISA is famous for many things, but near the top of the list is its sweeping preemptive force. 29 U.S.C. § 1144 provides that ERISA “shall…

Preemption Shields Pharmacy Benefit Managers from Tennessee’s Regulations

By Peter Sessions on April 15, 2026
Posted in ERISA Preemption

McKee Foods Corp. v. BFP Inc., No. 25-5416, __ F.4th __, 2026 WL 936759 (6th Cir. Apr. 7, 2026) (Before Circuit Judges McKeague, Readler, and Davis)

Pharmacy benefit managers (PBMs) play a pivotal role in American health care. They act as intermediaries between insurers, benefit plans, pharmacies, and manufacturers. Among the services they provide…

When ERISA Is Preempted

By Peter Sessions on April 8, 2026
Posted in ERISA Preemption

Rieth-Riley Constr. Co. v. Trustees of Operating Engineers’ Loc. 324 Fringe Benefit Funds, No. 25-1823, __ F.4th __, 2026 WL 915042 (6th Cir. Apr. 3, 2026) (Before Circuit Judges Clay, Gibbons, and Hermandorfer)

ERISA practitioners are well aware of the broad preemptive scope the statutory scheme has. Congress has determined that ERISA displaces “any…

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