McKee Foods v. BFP Inc.

On April 7, 2026, the Sixth Circuit affirmed a district court’s ruling that ERISA preempts a Tennessee law that regulates employer-sponsored health plans. The decision was a victory for WLF, which filed an amicus brief in the case. In its analysis of whether McKee had standing to challenge Tennessee’s law as a fiduciary, the court adopted our argument that McKee’s administration and management of its benefit plan includes a fiduciary duty to faithfully monitor the plan. The Sixth Circuit held that McKee has standing to seek pre-enforcement declaratory and injunctive relief.