This week’s notable decision is Laborers’ Pension Fund v. Miscevic, No. 17-2022, __F.3d__, 2018 WL 578775 (7th Cir. Jan. 29, 2018). In this case, Zeljko Miscevic worked as a union laborer and earned a vested pension benefit from the Laborers’ Pension Fund (the “Fund”), to be paid upon his retirement as a monthly annuity for his life. Prior to his death, he was married to Anka Miscevic, and they had a 13-year old daughter together. It is undisputed that Anka killed Zeljko at their home, but she was found not guilty of first degree murder by reason of insanity. Anka claimed entitlement to a Surviving Spouse Pension. The child’s estate argued that Anka was barred from recovering from the Fund by the Illinois slayer statute.
Continue Reading In Matter of First Impression, Seventh Circuit Rules that ERISA Does Not Preempt the Illinois Slayer Statute
Sixth Circuit Adopts Boston Harbor Market-Participation Doctrine to ERISA Preemption
This week’s notable decision is from the land of ERISA preemption: Allied Constr. Indus. v. City of Cincinnati, No. 16-4248, __F.3d__, 2018 WL 283775 (6th Cir. Jan. 4, 2018). The City of Cincinnati and Laborers International Union of North America, Local 265 appealed the district court’s decision that three City ordinance provisions concerning bidder specifications for certain City projects were preempted by ERISA. The Sixth Circuit reversed the district court and held that the City was acting as a market participant in enacting the Ordinance, and therefore these provisions are not preempted by ERISA.
By way of background, in Bldg. & Constr. Trades Council of the Metro. Dist. v. Associated Builders & Contractors of Mass./R.I., Inc., 507 U.S. 218, 113 S.Ct. 1190, 122 L.Ed.2d 565 (1993) (“Boston Harbor”), the Supreme Court determined that a state agency’s bidding specifications for selecting contractors for the state-funded clean-up of the Boston Harbor was not preempted by the NLRA because the state acted as a proprietor rather than a regulator in imposing the requirement. In this case, the City argued that the market-participant doctrine set forth in Boston Harbor should be applied to ERISA.
Continue Reading Sixth Circuit Adopts Boston Harbor Market-Participation Doctrine to ERISA Preemption