Meyered in the Bogg of ERISA Preemption: Employee Benefits in the Fifth Circuit

During the 1996-1997 term, the Fifth Circuit’s employment law docket was dominated by preemption cases. The Court held that ERISA preempts a Texas statute which assigns, by operation of law, the right to sue for breach of fiduciary duty under ERISA as well as the current Texas Any Willing Provider statute but does not preempt the 1995 statute which did not refer to ERISA plans. The Court also handled several contract interpretation cases, including a ruling that construed insurance provisions relating to the deadline by which a participant may convert a group policy to an individual policy. Finally, the Fifth Circuit held that a leased employee had standing to sue under ERISA. Because the leased employee "may become eligible to receive ... benefit[s]," he could sue to determine his rights to benefits under the plan.