Law Commons^™

Employee Benefits Law—Shifting The Burden Out Of Neutral: Why Burden-Shifting Is Necessary In Erisa Breach Of Fiduciary Duty Claims, William G. Mcgrath

University of Arkansas at Little Rock Law Review

No abstract provided.

A Square Peg In A Round Hole: Whether Traditional Trust Law "Make-Whole" Relief Is Available Under Erisa Section 502(A)(3), Susan Harthill

Oklahoma Law Review

No abstract provided.

Health Care: Erisa Preemption And Hmo Liability--A Fresh Look At Erisa Preemption In The Context Of Subscriber Claims Against Hmos, Brooks Richardson

Oklahoma Law Review

No abstract provided.

Thoughts On A Faded Peacock: The Effect Of Erisa's Preemption Provision On State Third Party Prescription Drug Program Statutes, Richard M. Rindler, Evan Miller

Vanderbilt Law Review

This Article analyzes the preemptive effect of ERISA on state third party prescription drug program legislation. It argues that such laws do not "relate to employee benefit plans" and that even if the courts were to view them as relating to employee benefit plans, the laws meet the statutory exception to preemption for state laws that "regulate . . . insurance."

The Article contends that third party prescription drug program statutes represent a type of "borderline preemption problem, and it offers a functional approach to resolve the problem. If a state law affects employee benefit plans without infringing on their …