Metropolitan Life Ins. Co. v. Kramarsky, 19

Decision Date24 November 1981
Docket NumberNo. 19,D,19
Citation666 F.2d 26
Parties31 Fair Empl.Prac.Cas. 1793, 32 Empl. Prac. Dec. P 33,844 METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff-Appellee, v. Werner H. KRAMARSKY, As Commissioner of the New York State Division of Human Rights, The New York State Division of Human Rights, and the New York State Human Rights Appeal Board, Defendants-Appellants. ocket 80-7185. . Originally
CourtU.S. Court of Appeals — Second Circuit

Ann Thacher Anderson, Gen. Counsel, State Division of Human Rights, New York City, for defendants-appellants.

Jeffrey A. Mishkin, Jeffrey D. Fields, Proskauer, Rose, Goetz & Mendelsohn, New York City, for plaintiff-appellee.

Before MOORE and KEARSE, Circuit Judges, and TENNEY, District Judge. *

PER CURIAM:

For the reasons stated today in our opinion on rehearing in Delta Airlines, Inc. v. Kramarsky, 666 F.2d 21, we vacate our original decision on this appeal, reported at 650 F.2d 1309, holding that § 514(a) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1144(a) (1976), did not preempt New York's Human Rights Law, N.Y.Exec.Law § 296 (McKinney 1972 & Supp. 1980-1981).

The judgment of the district court is affirmed.

* Honorable Charles H. Tenney, Senior Judge of the United States District Court for the Southern District of New York, sitting by designation.

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2 cases
  • Shaw v. Delta Air Lines, Inc
    • United States
    • U.S. Supreme Court
    • 24 June 1983
    ...make the state law wholly unenforceable as to employers who choose that option. P.108 0 650 F.2d 1287 and 666 F.2d 21; and 666 F.2d 27 and 666 F.2d 26, affirmed in part, vacated in part, and Deborah Bachrach, New York City, for appellants. Gordan Dean Booth, Jr., Atlanta, Ga., for appellees......
  • American Progressive Life and Health Ins. Co. of New York v. Corcoran
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 22 August 1983
    ...(1981) (ERISA preempts state law prohibiting benefit plans from offsetting workers' compensation award against pension benefits); Kramarsky, 666 F.2d at 26 (ERISA preempts New York's Human Rights Law to extent that state statute required plans to provide benefits for disability due to pregn......

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