BPS Clinical Laboratories v. Blue Cross & Blue Shield

I respectfully dissent from the majority’s conclusion that plaintiffs’ claims are preempted by the Employee Retirement Income Security Act (erisa), 29 USC 1001 et seq. While the words "relates to” have been given a broad meaning, the preemption clause does not preempt laws that have only a "tenuous, remote, or peripheral” effect on an erisa plan. Shaw v Delta Air Lines, Inc, 463 *586US 85, 97; 103 S Ct 2890; 77 L Ed 2d 490 (1983). It has been observed:

A preemption provision designed to prevent state interference with federal control, of erisa plans does not require the creation of a fully…