REBALDO

v.

CUOMO, GOVERNOR OF NEW YORK, ET AL.

Citator

Cited By (24 total)

• N.Y. State Conf. of Blue Cross & Blue Shield Plans v. Travelers Ins. Co., 514 U.S. 645 (U.S. 1995)
  …Co. v. Cuomo, 14 F. 3d 708, 718 (1994). In the light of our decision in Ingersoll-Rand Co. v. McClendon, 498 U. S. 133, 141 (1990), the Court of Appeals abandoned its own prior decision in Rebaldo v. Cuomo, 749 F. 2d 133, 137 (1984), cert. denied, 472 U. S. 1008 (1985), which had drawn upon the definition of the term “State” in ERISA § 514(c)(2), 29 U. S. C. § 1144(c)(2), to conclude that “a state law must ‘purpor[t] to regulate . .. the terms and conditions of employee benefit plans’ to fall within the pr…
• Vann K. Howard and Kathryn D. Howard v. Parisian, Inc., 807 F.2d 1560 (11th Cir. 1987)
  …efit plan income in order to enforce alimony payment not preempted). Nor are state laws preempted merely because they have an economic impact on employee benefit plans. See, e.g., Rebaldo v. Cuomo, 749 F. 2d 133,137-40 (2d Cir.1984), cert. denied, 472 U.S. 1008, 105 S.Ct. 2702, 86 L.Ed.2d 718 (1985) (state statute establishing hospital rates chargeable to employee benefits plans not preempted). However, if a state law claim arises out of the administration of benefits under a plan, the claim is preempted.…
• Nat'l Fuel GAS Supply Corp. v. Fed. Energy Regulatory Comm'n, 811 F.2d 1563 (D.C. Cir. 1987)
  …tion the agency “is entitled to deference” and its conclusions will carry “great weight” because the agency is “unmistakably possessed ... of special expertise.” Consolidated Gas Supply Corp. v. FERC, 745 F. 2d 281, 291 (4th Cir.1984), cert. denied, 472 U.S. 1008, 105 S.Ct. 2702, 86 L.Ed.2d 718 (1985); see also Amoco Prod. Co. v. FERC, 765 F. 2d 686, 690 (7th Cir.1985) (a court must give “some deference” to the agency’s interpretation of a contract). In this circuit, the issue has been approached in a varie…