California Appellate Tracker

Board of Trustees of the Construction Industry and Laborers Health and Welfare Trust v. Chambers

October 17, 2018

ERISA does not preempt Nevada’s statute limiting the liability of general contractors to pay benefit plan contributions that their subcontractors owe by fail to pay.

ERISA did not preempt a Nevada statute that limited a prior Nevada law imposing liability on general contractors for benefit payments subcontractors owed their employees. ERISA itself did not impose any vicarious liability on general contractors for pension contributions owed by other parties, so Nevada’s amendment of its own law imposing such vicarious liability did not conflict with any ERISA provision.

Ninth Circuit Court of Appeals (Callahan, J.; Wallace, J., dissenting); September 4, 2018; 2018 U.S. App. LEXIS 25030

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Board of Trustees of the Construction Industry and Laborers Health and Welfare Trust v. Chambers

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