Washington, D.C., March 28, 2023 – The ERISA Industry Committee (ERIC) today filed a reply brief in its ongoing lawsuit to defeat the amended New Jersey WARN Act on ERISA preemption grounds. This submission concludes the district court briefing process, leaving just under two weeks for a decision to be reached before the amended law’s April 10 effective date.
ERIC’s latest brief reinforces the arguments made in its refiled motion for summary judgment and rebuts arguments made by the State’s recent opposition brief and cross motion for summary judgment. Importantly, the State’s latest points regarding standing and proper party are a continuation of arguments made in its past motion to dismiss, which the Court already rejected nearly two years ago.
Specifically, ERIC’s reply continues to make the clear case that:
- The Court should confirm its earlier holding that the Commissioner is a proper defendant
- There is no genuine dispute that ERIC has direct organizational standing
- There is no genuine dispute that ERIC has associational standing
- ERIC has demonstrated that the amendments to the New Jersey WARN Act are preempted by ERISA as a matter of law
“ERIC remains confident in the merits of our legal challenge to the amended New Jersey WARN Act on ERISA preemption grounds and hopes to receive a favorable ruling by the Court before April 10,” said Andy Banducci, ERIC Senior Vice President, Retirement and Compensation Policy.