ERISA Preemption and Other Mysteries

Abstract

The 1994-95 term brought many interesting and unusual employee benefit cases. In a bevy of cases, the court was a champion of participants' rights. Yet, the court was unsympathetic to participants who seemed to be taking advantage of the plan. Employers fared well in the big money cases, employees won the big preemption cases, a husband who tried to cheat his wife out of pension money in a divorce was chastised, a doctor who engaged in fraud on a health fund was criticized, and a participant who was too "cavalier" to make sure he timely paid his COBRA premiums was castigated. In short, the good guys won and the bad guys lost, with some exceptions.