9th Circuit allows City of San Francisco universal health program to become effective during appeal of lower court decision ruling it is preempted by ERISA. Court determines that the city has a “strong likelihood of success on the merits.” Court holds that the burdens are imposed upon employers and not on ERISA plans to comply with the new requirements and that employers can comply without modification of ERISA plans.
Golden Gate Restaurant Assn. v. City and County of San Francisco, —F.3d —(C.A. 9, Jan 9, 2008)