Legal Opinion
Planned Consumer Marketing, Inc. v. Coats & Clark, Inc.
New York Court of Appeals
Decided March 24, 1988PublishedCited by 30 opinions
1Opinion of the Court
OPINION OF THE COURT
Alexander, J.
The Employee Retirement Income Security Act (ER-ISA) (29 USC § 1001 et seq.) mandates that all State laws, insofar as they relate to employee benefit plans, are superseded (29 USC § 1144 [a]) and that benefits provided by an employee benefit plan qualified under the act may not be assigned or alienated (29 USC § 1056 [d] [1]). The question presented is whether these provisions preclude a judgment creditor from proceeding in State court for a turnover of funds deposited into a qualified ERISA plan allegedly in violation of State laws prohibiting fraudulent…
2Cases cited18 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Cort v. AshSupreme Court of the United States · 1975
- Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
- Santa Fe Industries, Inc. v. GreenSupreme Court of the United States · 1977
13 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Aries Ventures Ltd. v. Axa Finance S.A.District Court, S.D. New York · 1990
- Cutler v. 65 Security PlanDistrict Court, E.D. New York · 1993
- McKinnon v. Blue Cross-Blue Shield of AlabamaDistrict Court, N.D. Alabama · 1988
- In Re BarnesUnited States Bankruptcy Court, E.D. Michigan · 2001
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. ChipetineAppellate Division of the Supreme Court of the State of New York · 1995
25 more not listed; retrieve them via the Exa API.