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Maryland Drops 'Fair Share' Fight

BALTIMORE -- Maryland's attorney general said he would not seek to challenge a federal court decision striking down controversial legislation that would have required large retailers like Wal-Mart Stores to increase their health benefit payments.

BALTIMORE -- Maryland‘s attorney general said he would not seek to challenge a federal court decision striking down controversial legislation that would have required large retailers like Wal-Mart Stores to increase their health benefit payments. The so-called “Fair Share” health care act, which was backed by labor unions and by Landover, Md.-based supermarket chain Giant Food, was passed by state lawmakers two years ago but overturned in court because it was preempted by existing federal laws. “The reason we are not seeking review is not because we think the law is unconstitutional. It is clearly constitutional and two courts have so held,” Douglas F. Gansler, attorney general, said in a statement. “What the courts found was that the law was preempted by a very broad federal law called ERISA. We believe that seeking further review would not be successful.” ERSIA, or the Employment Retirement Income Security Act, bars states from regulating the benefits plans of national companies.