Legal Opinion

Fuller v. Norton

Court of Appeals for the Tenth Circuit

Decided June 19, 1996No. 95-1163PublishedCited by 69 opinions

1Opinion of the Court

LUCERO, Circuit Judge.

Appellant is the trustee of an Employee Retirement Income Security Act of 1974 (“ERISA”) plan offering benefits to the employees of its employer members through a multiple employer welfare arrangement (“MEWA”), as defined by section 3 of ERISA. 29 U.S.C. § 1002(3),(40). He claims that because his plan is within the protection of ERISA law, it may not be regulated as an insurance entity by the state of Colorado. Underpinning appellant’s prosecution of this case is a belief that ERISA preemption allows a MEWA and its members to avoid state regulation that would apply to…

2Cases cited23 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Simon v. Eastern Kentucky Welfare Rights OrganizationSupreme Court of the United States · 1976
  3. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  4. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  5. Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982

18 more not listed; retrieve them via the Exa API.

3Cited by69 opinions

  1. Smith v. Midland Brake, Inc.Court of Appeals for the Tenth Circuit · 1999
  2. Sutton v. United Air Lines, Inc.Court of Appeals for the Tenth Circuit · 1997
  3. Summum v. CallaghanCourt of Appeals for the Tenth Circuit · 1997
  4. Yoder v. Honeywell, Inc.Court of Appeals for the Tenth Circuit · 1997
  5. Nancy Gaylor v. John Hancock Mutual Life Insurance Company, a CorporationCourt of Appeals for the Tenth Circuit · 1997

64 more not listed; retrieve them via the Exa API.

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