McKee Foods v. BFP Inc.
On September 5, 2025, WLF asked the Sixth Circuit to affirm a district court’s ruling that ERISA preempts a Tennessee law that regulates employer-sponsored health plans. In its amicus brief urging affirmance, WLF contends that Tennessee’s Commissioner of Insurance misreads ERISA’s preemption and remedy provisions, which broadly protect employers’ ability to manage their self-sponsored benefit plans. WLF argues that ERISA’s preemption clause shields ERISA plans from state mandates that undermine plan integrity. McKee, as an ERISA fiduciary, has standing to seek pre-enforcement declaratory and injunctive relief. As WLF’s brief explains, adopting the Commissioner’s view could deter plan sponsorship, reducing benefits for workers nationwide.
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