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3d Circuit: ERISA Preempts State Law Claim That HMO Was Negligent
U.S. Court of Appeals for the Third Circuit
Apr. 11, 2001 Pryzbowksi v. U.S. Healthcare, Inc. (3d Cir. March 27, 2001). Excerpt: [T]the ultimate distinction to make for purposes of complete preemption is whether the claim challenges the administration of or eligibility for benefits, which falls within the scope of [ERISA section] 502(a) and is completely preempted, or the quality of the medical treatment performed, which may be the subject of a state action. MORE >> |
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