After Aetna Life, legislation which attempts to add remedies to what would be an ERISA claim is clearly preempted. This case, decided at the district court level before Aetna Life, was important enough to draw amicus briefs by the Chamber of Commerce of the United States and an advocacy group, United Policyholders.
In an aside, the 3rd Circuit had some good words of advice for advocates forced to rely to on "dicta" from a Supreme Court decision, quoting from their own earlier opinion:
Amen, assuming it is me relying on the "dicta."[W]e should not idly ignore considered statements the Supreme Court makes in dicta. The Supreme Court uses dicta to help control and influence the many issues it cannot decide because of its limited docket. “Appellate courts that dismiss these expressions [in dicta] and strike off on their own increase the disparity among tribunals (for other judges are likely to follow the Supreme Court’s marching orders) and frustrate the evenhanded administration of justice by giving litigants an outcome other than the one the Supreme Court would be likely to reach were the case heard there.”