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Benefits & ERISA Law

: Pension Protection Act Blog

Supreme Court May Hear San Francisco ERISA Healthcare Case

By Suzanne Wynn

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SCOTUSblog is reporting that Supreme Court Justice Anthony M. Kennedy has asked the city of San Francisco to respond to a plea by the Golden Gate Restaurant Association in their application that San Francisco’s Health Care Security Ordinance is pre-empted by ERISA. Justice Kennedy gave the city of San Francisco until 5pm next Wednesday to respond. The reason this case is noteworthy is that a number of states have recently adopted similar legislation.

SCOTUSblog provides a good summary of the case here.

Prof. Edward A. Zelinsky provides a good discussion of the issues in this case in his recent article, Golden Gate Restaurant Association: Employer Mandates and ERISA Preemption in the Ninth Circuit, available through SSRN.

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Full post as published by Pension Protection Act Blog on February 14, 2008 (boomark / email).

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