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N.J. BUS. & INDUS. ASS'N v. STATE

249 N.J. Super. 513 (1991)

592 A.2d 660

NEW JERSEY BUSINESS & INDUSTRY ASSOCIATION, NEW JERSEY STATE CHAMBER OF COMMERCE & INDUSTRY ASSOCIATION OF NEW JERSEY, NEW JERSEY FOOD COUNCIL, NEW JERSEY RETAIL MERCHANTS ASSOCIATION, FALSTROM COMPANY, INC., FIFTH DIMENSION, INC. & THE MILTON CAN CO., INC., PLAINTIFFS, v. STATE OF NEW JERSEY, ROBERT J. DEL TUFO, ATTORNEY GENERAL OF NEW JERSEY & CLIFFORD GREGORY STEWART, DIRECTOR OF THE NEW JERSEY DIVISION ON CIVIL RIGHTS, DEFENDANTS.

Superior Court of New Jersey, Law Division Mercer County.

Decided April 1, 1991.

Attorney(s) appearing for the Case

I. Leo Motiuk for plaintiffs (Shanley & Fisher, attorneys).

Jeffrey C. Burnstein for defendants (Robert J. Del Tufo, Attorney General of New Jersey, attorney).

Richard A. Friedman, (Zazzali, Zazzali, Fagella & Nowak, attorneys) and Gerald P. Seid (Saiber, Schlesinger, Satz & Goldstein, attorneys), for amicus curiae New Jersey Education Association.

BRENNAN, J.S.C.

This matter is before the court on cross-motions for summary judgment. There are no factual issues in dispute and the action is appropriate for summary adjudication. The sole legal issue to be decided is whether the provisions of the Employee Retirement Income Security Act (ERISA), 29 U.S.C.A. § 1001 et seq., as amended, preempt and bar enforcement of section 8(a) of the Family Leave Act (FLA), N.J.S.A. 34:11B-1 et seq...

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