ERISA Preemption


This practice note addresses the preemption provision of the Employee Retirement Income Security Act (ERISA), including how its savings clause and the so-called deemer clause affect its scope of application. ERISA preemption is important for ERISA litigation in at least two ways. First, it may permit a party to argue that a state law cannot be enforced against it, and second, it may create a basis for the removal of a state-court complaint to federal court, even if the underlying complaint does not specifically plead ERISA violations.