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Full-Text Articles in Retirement Security Law
Rico Rights For Erisa Wrongs: Can Plaintiffs Find Relief Despite Erisa Preemption Of State-Law Claims?, Alan R. Ross
Rico Rights For Erisa Wrongs: Can Plaintiffs Find Relief Despite Erisa Preemption Of State-Law Claims?, Alan R. Ross
Washington Law Review
The Employee Retirement Income Security Act of 1974 (ERISA) preempts state laws that relate to employee benefit plans and allows only equitable relief for those who are injured by decisions of ERISA plan administrators. Even though the interpretation of ERISA's preemptive power has changed since 1974, ERISA still poses a significant challenge to plaintiffs in actions for damages against plan administrators. This Comment suggests that another federal law, the Racketeer Influenced and Corrupt Organizations Act (RICO), which is explicitly not preempted by ERISA, may provide relief. The challenges that a plaintiff bringing an action against plan administrators may face include …