Legal Opinion
Gilhousen v. Illinois Farmers Insurance Co.
Supreme Court of Minnesota
Decided August 13, 1998No. C2-97-414PublishedCited by 5 opinions
1Opinion of the Court
OPINION
TOMLJANOVICH, Justice.
This- appeal presents the question of whether the Employee Retirement Income Security Act of 1974 (ERISA) preempts Minnesota’s collateral source statute, Minn. Stat. § 548.36 (1996), to the extent it excepts amounts to which a subrogation right has been claimed. We conclude that there is no preemption, because the collateral source statute does not “relate to” employee benefit plans, 29 U.S.C. § 1144(a) (1994) (amended 1996), as that phrase has been construed by the United States Supreme Court. We reverse and remand for further consideration by the court of…
2Cases cited15 opinions
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990
- Fort Halifax Packing Co. v. CoyneSupreme Court of the United States · 1987
- MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
- FMC Corp. v. HollidaySupreme Court of the United States · 1990
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3Cited by5 opinions
- Engfer v. General Dynamics Advanced Information System, Inc.Court of Appeals of Minnesota · 2014
- Engfer v. General Dynamics Advanced Information System, Inc.Court of Appeals of Minnesota · 2014
- Marvin Lumber and Cedar Company Marvin Windows of Tennessee, Inc. v. Ppg Industries, Inc., Third Party v. Elf Atochem North America, Inc., Third Party Minnesota, Amicus on Behalf OfCourt of Appeals for the Third Circuit · 2000
- Thomas v. Engfer v. General Dynamics Advanced Information Systems, Inc., Department of Employment and Economic DevelopmentSupreme Court of Minnesota · 2015
- Thomas v. Engfer v. General Dynamics Advanced Information Systems, Inc., Department of Employment and Economic DevelopmentSupreme Court of Minnesota · 2015