High Court Says ERISA Preempts State Lawsuits

June 22, 2004

  • June 22, 2004 at 1:59 am
    Chris Wilson says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    Congress needs to change this sham in order that plaintiffs can sue in their own state courts! The division of state rights versus federal law was never meant to so easily preclude states rights and citizens right to sue on their claims in state court. This nonsense merely protects the big corporations in a republican way! So much for free enterprise and capital system that loves any profit generator but can not stand heat of any potentially fair debits!!

    The 1974 federal law, the Employee Retirement Income Security Act, that allowed the S C do do this is unfair to the majority of our citizens!! Congress never intended to completely pre-empt such lawsuits brought in state court by patients who seek damages from their HMOs over the denial of medical care.

    ERISA was meant to guarantee benefits to workers and not intended to limit the workers right to sue in courts of competent jurisdiction!! It is a warped view that the S C took in this instance and Congress needs to immediately rewrite ERISA to correct all its such deficiencies!!

Add a Comment

Your email address will not be published. Required fields are marked *