W.G. CLARK CONST. CO. v. COUN OF CARPENTERS

No. 88080-8.

322 P.3d 1207 (2014)

180 Wn.2d 54

W.G. CLARK CONSTRUCTION CO., a Washington corporation, Respondent, v. PACIFIC NORTHWEST REGIONAL COUNCIL OF CARPENTERS, a Local Union; Carpenters Health & Security Trust of Western Washington; Carpenters Retirement Trust; Carpenters-Employers Vacation Trust; Carpenters-Employers Apprenticeship & Training Trust; and Paramount Scaffold, Inc., a Washington corporation, Appellants.

Supreme Court of Washington, En Banc.

March 20, 2014.


Attorney(s) appearing for the Case

Daniel M. Shanley , DeCarlo Connor & Shanley APC, Los Angeles, CA, Jeffrey Gene Maxwell , Ekman Bohrer & Thulin, PS, Seattle, WA, for Appellants.

John P. Ahlers , Masaki J. Yamada , Brett Mactavish Hill , Ahlers & Cressman PLLC, Seattle, WA, for Respondents.

Michael Allan Urban , Attorney at Law, Bellevue, WA, for Amicus Curiae on behalf of Employee Painters' Trust.

John Stephen Riper , Tymon Berger , Ashbaugh Beal LLP, Seattle, WA, for Amicus Curiae on behalf of Agc of Washington.

Russell Jonas Reid , Thomas A. Leahy , Reid Pedersen McCarthy & Ballew LLP, Seattle, WA, for Amicus Curiae on behalf of Operating Engineers Trust Funds.

Frank J. Morales , Noelle Elyce Dwarzski , McKenzie Rothwell Barlow & Coughran, PS, Seattle, WA, for Amicus Curiae on behalf of Benefit Trusts.

Tymon Berger , Ashbaugh Beal LLP, Seattle, WA, for Amicus Curiae on behalf of National Utility Contractors Association of WA.

Tymon Berger , Ashbaugh Beal LLP, Seattle, WA, for Amicus Curiae on behalf of Associated Builders and Contractors of Western WA.


OWENS, J.

¶ 1 The Employee Retirement Income Security Act of 1974 (ERISA) is a set of federal laws that regulates pension and welfare plans. To provide national uniformity in plan administration, ERISA preempts most state laws that "relate to" employee benefit plans. 29 U.S.C. § 1144(a). At issue in this case is whether ERISA preempts claims made under two Washington state laws designed to ensure that workers on public projects are paid for their work: chapters...

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