Articles Posted in ERISA

Can the Tides of Change Push Back Bad ERISA Decisions? Let Us Hope
Nichols Law Firm

A great op-ed piece about the horrible and judicially mutilated zombie of ERISA Laws. Rebalancing the scales of justice Barack Obama must stop the supreme court from providing immunity to health insurers and other corporate law-breakers Fourteen years ago, a single mother named Ann Dunham began a long, ultimately unsuccessful battle with cancer – and…

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McCain v. Obama on Tort Reform
Nichols Law Firm

I try to keep this Blog fairly apolitical, but during an election season that can be difficult. My feelings about so-called “tort reform” are pretty clear: it is generally a terrible idea that only hurts the truly innocent- people who have been hurt by someone else’s negligence. That said, where do Obama and McCain stand…

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Could Prisoners Escape ERISA Claims for Subrogation?
Nichols Law Firm

The WorkPlaceProf Blog has posted an interesting case which has some very minor posisbilities of being a “nose under the tent” in NC to avoid ERISA liens. Basically, the case cited from the US Supreme Court has allowed a state to trump ERISA in order to “take” money away from a retirement plan for a…

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