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Ninth Circuit Decides - San Francisco Health Care Law Not ERISA Preempted
Paul M. Secunda viz Marquette University Law School Faculty Blog 
[Opinion] Oct. 1, 2008
Excerpt: Over the years following this issue, I have reluctantly agreed with the findings of ERISA preemption against these types of laws (see here for an example). However, I am now persuaded that the Ninth Circuit's ruling is consistent with the Travelers precedent from 1995 that unless a law is historically a matter of local concern, there should be a presumption against finding ERISA preemption. It seems to me that courts have read ERISA incorrectly in this regard in past cases.
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