RILA v. Fielder
Court Cases
1
This courts respect for the State of Maryland renders the granting of injunctive relief
entirely unnecessary.
2
In its complaint RILA also seeks the declaration that the Act violates the ban on special
legislation imposed by the Maryland Constitution. Md. Const., art. III, 33. At the initial
scheduling conference held in this case, I indicated that I would be inclined to certify this issue
for resolution by the Maryland Court of Appeals, and the issue is not addressed by the pending
motions.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
RETAIL INDUSTRY LEADERS *
ASSOCIATION *
*
v. * Civil No. JFM-06-316
*
JAMES D. FIELDER, JR., *
MARYLAND SECRETARY OF LABOR, *
LICENSING, AND REGULATION *
*****
OPINION
Retail Industry Leaders Association ("RILA"), a trade association of which Wal-Mart
Stores, Inc. ("Wal-Mart") is a member, has brought this action for declaratory and injunctive
relief against James Fielder, Jr., in his official capacity as Maryland Secretary of Labor,
Licensing, and Regulation ("the Secretary").1 RILA seeks a declaration that the Maryland Fair
Share Health Care Fund Act ("the Act” or “the Fair Share Act"), Md. Code Ann., Lab. & Empl.
8.5-101 et seq., is preempted by the federal Employment Retirement Income Security Act of
1974, 29 U.S.C. 1001 et seq. ("ERISA"), and that the Act violates the Equal Protection Clause
of the U.S. Constitution.2
RILA has filed a motion for summary judgment, and the Secretary has filed a motion to
dismiss or for summary judgment. RILAs motion will be granted, and the Secretarys motion
Case 1:06-cv-00316-JFM Document 53 Filed 07/19/2006 Page 1 of 32