On December 22, 2023, the California Court of Appeal reversed a trial-court’s holding that a plan administrator’s state-law subrogation suit was preempted under the Employee Retirement Income Security Act (ERISA). The decision was a setback for WLF, which filed an amicus brief in the case urging affirmance. Among other things, WLF emphasized that reversing the trail court’s preemption ruling would upend settled preemption principles and undermine Congress’s strong interest in uniformity for employee-benefit plans. WLF’s brief also argued that an ERISA plan—even one with a subrogation clause—cannot function as a de facto class action. WLF’s brief was filed with the pro bono assistance of Andrew D. Silverman of Orrick Herrington & Sutcliffe LLP.


WLF amicus brief