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Supreme Court Agrees to Hear ERISA Preemption Case on State Negligence Claims Against HMOs
Human Capital Advisory Services 
Nov. 14, 2003
Excerpt: The only question the Supreme Court has to answer, at least for now, is whether these claims-- which arise out of mixed treatment and eligibility decisions by HMOs-- are state law claims that belong in state court, or ERISA claims that belong in federal court. But if the Supreme Court allows these cases to proceed as state law claims, the stage could be set for the Court to revisit the conflict preemption question in the near future.
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