Legal Opinion
Cairy v. Superior Court
California Court of Appeal
Decided June 15, 1987No. B025010PublishedCited by 4 opinions
1Opinion of the Court
Opinion
JOHNSON, J.
Terry Cairy is charged with a violation of Labor Code section 227 which makes it a crime to willfully, and with intent to defraud, fail to make payments to an employee pension fund as required by the terms of a collective bargaining agreement.
Cairy demurred to the information on the ground section 227 is preempted by the Federal Employee Retirement Income Security Act (ERISA) (29 U.S.C. § 1001 et seq.). Cairy relies on 29 United States Code section 1144(a) which provides ERISA “shall supersede any and all State laws insofar as they may now or hereafter relate to any employee…
2Cases cited12 opinions
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
- Alessi v. Raybestos-Manhattan, Inc.Supreme Court of the United States · 1981
- Goldstein v. ManganoCivil Court of the City of New York · 1978
- Commonwealth v. FedericoMassachusetts Supreme Judicial Court · 1981
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3Cited by4 opinions
- Biren v. Equality Emergency Medical Group, Inc.California Court of Appeal · 2002
- Lewis v. Department of Human ResourcesCourt of Appeals of Georgia · 2002
- State v. PulastyNew Jersey Superior Court Appellate Division · 1992
- Commonwealth v. MorashMassachusetts Supreme Judicial Court · 1988