Development in ERISA Preemption Battle Over Maryland Fair Share Health Care Fund Act

As many of you already know, the Retail Industry Leaders Association ("RILA") filed a challenge to Maryland's Fair Share Health Care Fund Act – the so-called Wal-Mart bill – in U.S. District Court last week. You can access the complaint…

As many of you already know, the Retail Industry Leaders Association (“RILA”) filed a challenge to Maryland’s Fair Share Health Care Fund Act — the so-called Wal-Mart bill — in U.S. District Court last week. You can access the complaint filed here. You can also access a web page here by RILA devoted to its opposition to state health care mandates as well as this document discussing their arguments in favor of ERISA preemption: “Legal Overview: Discriminatory Health Care Mandates.” Excerpt:

Union supporters also will argue that their proposed laws are not mandated health care laws because they give employers the

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