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10th Circuit: Claim Under Wyoming Bad Faith Tort Law Preempted by ERISA (PDF)
U.S. Court of Appeals for the Tenth Circuit 
[Opinion] June 5, 2002 Excerpt: Because there is no question that the tort of insurance bad faith 'relates to' ... an ERISA-regulated employee benefit plan, Moffett's state law claim for bad faith is preempted unless exempted from preemption by the saving clause.... Moffett argues that the Wyoming law of bad faith insurance regulates insurance so as to escape ERISA's preemption clause. We agree with the district court that it does not. [Moffett v. Halliburton Energy Serv. Inc., No. 00-8083 (10th Cir. May 29, 2001)] MORE >> |
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