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BGD Attorney Cited in John Marshall Law Review


Bingham Greenebaum Doll LLP partner Mark A. Loyd recently had his work cited in a John Marshall Law Review piece entitled “When Do State Laws Determine ERISA Plan Benefit Rights.”

The article, written by attorney Albert Feuer, supplements two classic legislative histories of ERISA and focuses on the development and evolution of ERISA preemption principles in interpretations of the Supreme Court, and the major amendments to ERISA, particularly the Retirement Equality Act of 1984.

Feuer cites an article co-authored by Loyd that was originally published in Tax Lawyer. “O Preemption, Where Art Thou- ERISA’s Last State and Local Tax Preemption” is a six part article that examines historical jurisprudence on the issue of ERISA’s state law preemption, provides an overview of ERISA objectives, reviews Congress’ intent in passing ERISA, discusses a Supreme Court case that allowed for clarification of unanswered questions pertinent to ERISA, and ultimately provides a workable framework to be used in ERISA preemption analysis involving state and local tax laws.

According to Feuer, Loyd’s article “provides an excellent review of the current state of such law and recommends that ERISA preempt only those state laws that either prima facie relate to ERISA plans or were adopted with the purpose of affecting an ERISA plan.”

About John Marshall Law Review

The John Marshall Law Review is one of the oldest and most respected honors programs at The John Marshall Law School located in Chicago. Membership in The Law Review enhances research, writing and editing skills and provides excellent training for the practice of law. The Law Review‘s purpose is to publish scholarly works on a broad range of legal topics in four issues each year. The publication includes works written by judges, legal scholars, noted practitioners and John Marshall students.

You can read Albert Feuer’s article in John Marshall Law Review, Vol. 47, No. 1, 2014.

You can read Mark A. Loyd’s article in The State and Local Tax Lawyer, Vol. 64, No.4- Summer 2011 edition.

To learn more about Mark A. Loyd and his practice, please visit his profile.



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