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Claims for Privacy Violations Against Employer and Disability Plan TPA Survive ERISA Preemption (PDF)
U.S. Court of Appeals for the Fourth Circuit June 5, 2002 Darcangelo v. Verizon Communications (No. 01-1679, 4th Cir. 2002). Excerpt: The remaining four claims, relating to the confidentiality of medical records, unfair trade practices, privacy, and negligence, cannot be disposed of on preemption grounds at the motion to dismiss stage. This is because the complaint, in setting forth these four claims, charges [CORE, the third-party administrator of Verizon's disability plan,] with conduct that is entirely unrelated to its duties under the ERISA plan. |
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