Legal Opinion

New Jersey State Afl-Cio v. State of New Jersey and Joseph F. Murphy, Commissioner of the Department of Insurance for the State of New Jersey

Court of Appeals for the Third Circuit

Decided November 8, 1984No. 84-5196PublishedCited by 32 opinions

1Opinion of the Court

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This is an appeal by New Jersey AFL-CIO from the dismissal of its action seek ing a declaratory judgment that four New Jersey statutes enacted in 1983 are invalid because they are preempted by the Employee Retirement Income Security Act of 1974 (ERISA) and because they violate the impairment of contract clause of the Constitution. The district court held that it lacked subject matter jurisdiction.

The four statutes challenged in the complaint, codified at N.J.S.A. 17B:26-44.4 et seq.; N.J.S.A. 17:48D-9.1 et seq.; N.J.S.A. 17:48018.1 et seq.; and,…

2Cases cited9 opinions

  1. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  2. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  3. Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
  4. Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952
  5. Alessi v. Raybestos-Manhattan, Inc.Supreme Court of the United States · 1981

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3Cited by32 opinions

  1. Northeast Department Ilgwu Health and Welfare Fund and Sol Hoffman v. Teamsters Local Union No. 229 Welfare FundCourt of Appeals for the Third Circuit · 1985
  2. United Jersey Banks v. ParellCourt of Appeals for the Third Circuit · 1986
  3. Keystone Chapter, Associated Builders and Contractors, Inc., in Representation of Its Members v. Thomas P. Foley, in His Official Capacity as the Secretary of Labor and Industry for the Commonwealth of Pennsylvania. Pennsylvania State Building and Construction Trades Council (Amicus in District Court). Thomas P. Foley, in No. 93-7547. Keystone Chapter, Associated Builders and Contractors, Inc., in Representation of Its Members, in No. 93-7573. Bell Telephone Company of Pennsylvania Communications Workers of America, Afl-Cio, District 13 v. Thomas P. Foley in His Official Capacity as Secretary of Labor and Industry for the Commonwealth of Pennsylvania James R. Davis Frayda Kamber Richard W. Martz John H. Mickens. Pennsylvania State Building and Construction Trades Council, Afl-Cio (Amicus in District Court). Thomas P. Foley James R. Davis Frayda Kamber Richard W. Martz John H. MickensCourt of Appeals for the Third Circuit · 1994
  4. Grand Union Co. v. Food Employers Labor Relations Ass'nCourt of Appeals for the D.C. Circuit · 1987
  5. Airco Industrial Gases v. Teamsters Health & Welfare Pension FundDistrict Court, D. Delaware · 1985

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