Category Archive
for: ‘ERISA’

Fifth Circuit Rejects Distinction Between Existence of Coverage and Extent of Coverage in ERISA Preemption Analysis

November 9, 2011—The United States Court of Appeals for the Fifth Circuit issued an opinion yesterday that assures healthcare provider’s viable state law claims against employee benefit plans will not be dismissed based on ERISA preemption. The decision does not signal a major change in the law, but corrects a common misapplication of existing law. …

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