A Regulatory Vacuum Leaves Gaping Wounds - Can Common Sense Offer a Better Way to Address the Pain of ERISA Preemption?

NYU Review of Employee Benefits and Executive Compensation, Lurie, ed., 2009

Hofstra Labor & Employee Law Journal, Vol. 26, p. 409, Spring 2009

Hofstra Univ. Legal Studies Research Paper No. 10-09

40 Pages Posted: 17 Feb 2010 Last revised: 27 Sep 2012

See all articles by Andrew L. Oringer

Andrew L. Oringer

Dechert LLP; Hofstra University - Maurice A. Deane School of Law

Abstract

The article provides an extensive look at the subject of preemption across the benefits spectrum. It addresses the question of whether there are gaps in ERISA relating to causes of action and remedies available to participants and beneficiaries that should be filled by the courts. Alvin Lurie notes, The age-old debate of strict construction versus judicial activism that has raged in so many sectors of the law in this country is now being replayed in this arena. [Reading Oringer's] article . . . on the 'pain of ERISA preemption' is compulsory of anyone wanting to engage in that debate or merely to be informed without engagement.

Suggested Citation

Oringer, Andrew L., A Regulatory Vacuum Leaves Gaping Wounds - Can Common Sense Offer a Better Way to Address the Pain of ERISA Preemption?. NYU Review of Employee Benefits and Executive Compensation, Lurie, ed., 2009, Hofstra Labor & Employee Law Journal, Vol. 26, p. 409, Spring 2009, Hofstra Univ. Legal Studies Research Paper No. 10-09, Available at SSRN: https://ssrn.com/abstract=1552778

Andrew L. Oringer (Contact Author)

Dechert LLP ( email )

1095 Avenue of the Americas
New York, NY 10036-6797
United States
212-698-3571 (Phone)

HOME PAGE: http://www.dechert.com

Hofstra University - Maurice A. Deane School of Law ( email )

121 Hofstra University
Hempstead, NY 11549
United States

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