Whether state law prescribing de novo judicial review for challenged benefit determinations is preempted by ERISA, and whether enforcing such a state law with regard to a beneficiary residing outside the state violates the Commerce Clause

QUESTIONS PRESENTED 1) Isastate law prescribing de novo judicial review for challenged benefit determinations, regardless of any discretion the Plan grants to the administrator, preempted by ERISA? If not, does enforcing such a state law with regard to the court challenge of a beneficiary who resides outside of the state in which the Plan was delivered violate the Commerce Clause (as the Second Circuit ruled below)? 2) Should lower courts assessing challenged benefit determinations enforce choice-of-law provisions contained in an ERISA Plan and, if so, which of the differing approaches employed by the circuits should a lower court apply?