Legal Opinion
Burgio & Campofelice, Inc. v. New York State Department of Labor
District Court, W.D. New York
Decided March 11, 1996No. 1:93-cv-00334PublishedCited by 4 opinions
1Opinion of the Court
CURTIN, District Judge.
BACKGROUND
Plaintiff Burgio & Campofelice, Inc. (“B & C”), a general contractor, seeks to enjoin the defendant New York State Department of Labor (“DOL”) from enforcing the State’s prevailing benefit supplement laws against B & C for benefit supplements which B & C’s subcontractor, Shared Management Group, Ltd., allegedly faded to pay. The plaintiff claims that such state laws are preempted by the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001, et seq.
B & C entered into a public works construction contract on February 4,1992, in the amount of…
2Cases cited14 opinions
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- New York State Conference of Blue Cross & Blue Shield Plans v. Travelers InsuranceSupreme Court of the United States · 1995
- Alessi v. Raybestos-Manhattan, Inc.Supreme Court of the United States · 1981
- Wadsworth v. WhalandCourt of Appeals for the First Circuit · 1977
- Greenblatt v. Delta Plumbing & Heating Corp.Court of Appeals for the Second Circuit · 1995
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3Cited by4 opinions
- Burgio And Campofelice, Inc. v. Nys Dep't Of LaborCourt of Appeals for the Second Circuit · 1997
- Board of Trustees of Operating Engineers Local 825 Fund Service Facilities v. L.B.S. Construction Co.Supreme Court of New Jersey · 1997
- Ironworkers District Council v. Woodland Park Zoo Planning & DevelopmentCourt of Appeals of Washington · 1997
- Burgio & Campofelice, Inc. v. NYS Dep't of LaborCourt of Appeals for the Second Circuit · 1997