United States Sixth Circuit

In an action claiming that Michigan insurance regulations prohibiting "discretionary clauses" in insurance policies are preempted by ERISA, summary judgment for Defendant-State is affirmed, where the regulations fell within ERISA's savings clause insofar as they were state laws regulating insurance.

Appellate Information

• Decided 03/18/2009
• Published 03/18/2009

Judges

• Before MERRITT, COLE, and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Edward A. Scallet, Groom Law Group, Washington, D.C., for Appellants.  William A. Chenoweth, Michigan Department of Attorney General, Lansing, Michigan, for Appellee.   ON BRIEF:  Edward A. Scallet, Groom Law Group, Washington, D.C., for Appellants. William A. Chenoweth, Michigan Department of Attorney General, Lansing, Michigan, Michael P. Farrell, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.   Meir Feder, Jones Day, New York, New York, Mary Ellen Signorille, Aarp Foundation Litigation, Washington, D.C., for Amici Curiae.