Four businesses ensnared in a tax-avoidance scheme purporting to administer employee benefit plans will get a second chance to pursue state-law and racketeering claims against the defendants.

The U.S. Court of Appeals for the Third Circuit held on Nov. 8 in National Security Systems Inc. v. Iola, 10-4154, that their state law claims aren’t pre-empted by the Employee Retirement Income Security Act.