Tuesday, September 4, 2018

Board of Trustees of the Glazing Health and Welfare Trust v. Chambers

The enactment of Nevada Senate Bill 223 was a legitimate exercise of Nevada's traditional state authority. SB 223 was not preempted by the Employee Retirement Income Security Act because it did not intrude on any federally-regulated field, conflict with ERISA's objectives, or otherwise impermissibly "relate to" ERISA plans. ERISA empowers ERISA trusts to bring actions against subcontractors for subcontractors' labor debts, but it does not establish a cause of action for collecting debts from non-parties to an ERISA plan. A challenge to the validity of SB 223 was not rendered moot by the repeal of the bill and the enactment of a replacement measure.

Board of Trustees of the Glazing Health and Welfare Trust v. Chambers - filed Sept. 4, 2018
Cite as 2018 S.O.S. 16-15588

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