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Pennsylvania Court Says ERISA Does Not Preempt State Law Claim That HMO Was Negligent (PDF)
Supreme Court of Pennsylvania 
[Opinion] Apr. 11, 2001
Excerpt: On June 19, 2000, the Supreme Court entered an order granting certiorari in Pappas I, vacating the judgment of this court, and remanding the case for our further consideration in light of Pegram v. Hendrich ... For all the reasons that follow, we adhere to our original opinion and order.... [Plaintiffs claim the HMO] was negligent in causing an inordinate delay in transferring [a patient] to a facility equipped and immediately available to handle his neurological emergency.
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