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Meyered in the Bogg of ERISA Preemption: Employee Benefits in the Fifth Circuit

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dc.contributor.author Zanglein, Jayne Elizabeth
dc.date.accessioned 2010-03-18T16:42:17Z
dc.date.available 2010-03-18T16:42:17Z
dc.date.issued 1998
dc.identifier.citation 29 Tex. Tech L. Rev. 581 en_US
dc.identifier.uri http://hdl.handle.net/10601/216
dc.description.abstract During the 1996-1997 term, the Fifth Circuit’s employment law docket was dominated by preemption cases. The Court held that ERISA preempts a Texas statute which assigns, by operation of law, the right to sue for breach of fiduciary duty under ERISA as well as the current Texas Any Willing Provider statute but does not preempt the 1995 statute which did not refer to ERISA plans. The Court also handled several contract interpretation cases, including a ruling that construed insurance provisions relating to the deadline by which a participant may convert a group policy to an individual policy. Finally, the Fifth Circuit held that a leased employee had standing to sue under ERISA. Because the leased employee "may become eligible to receive ... benefit[s]," he could sue to determine his rights to benefits under the plan. en_US
dc.language.iso en_US en_US
dc.publisher Texas Tech Law Review
dc.relation.uri http://heinonline.org/HOL/Page?handle=hein.journals/text29&collection=journals&id=591&men_hide=false&men_tab=citnav
dc.relation.uri https://advance.lexis.com/api/document/collection/analytical-materials/id/3T6H-SNR0-00CT-V183-00000-00?context=1000516
dc.relation.uri https://a.next.westlaw.com/Document/I817c6f204a4b11db99a18fc28eb0d9ae/View/FullText.html
dc.subject Fifth circuit en_US
dc.subject ERISA en_US
dc.subject Employment law en_US
dc.subject Preemption en_US
dc.title Meyered in the Bogg of ERISA Preemption: Employee Benefits in the Fifth Circuit en_US
dc.type Article en_US

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