ERISA preemption of surety bond claims: the state's choice of weapon: plain old common sense.

One avenue that may be available to multiemployer funds in the collection of delinquent contributions from insolvent employers is to file suit on the state surety bond. However, such action may raise the issue of ERISA preemption. This article analyzes recent state and federal cases addressing the preemption of state surety bond claims and argues against a finding of ERISA preemption based on the underlying purpose of ERISA and appropriate deference to traditional areas of state regulation.