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Text of Federal District Court Opinion: Collection Company's State Law Suit Against Insurance Company Was Preempted by ERISA (PDF)
U.S. District Court for the Southern District of Florida Link to more items from this source
Nov. 3, 2014
"This action is one of many Plaintiff La Ley Recovery Systems-OB, Inc.... has brought on behalf of Dr. Olivio Blanco ... against several insurance companies[.] In all of the actions, Dr. Blanco provided chiropractic and/or other services to patients under a self-funded ERISA plan.... Dr. Blanco and the Clinic assigned its rights to Plaintiff -- essentially a collection company -- to pursue claims against the insurance companies.... If the right to payment derives from the plan as opposed to another independent legal duty, then the resolution of the dispute requires an interpretation of the plan and is therefore dependent on the ERISA plan.... [T]he Court finds ERISA completely preempts Plaintiff's claims and this Court has subject matter jurisdiction." [La Ley Recovery Systems-OB, Inc. v. UnitedHealthcare Ins. Co., No. 14-23764-CIV (S.D. Fla. Oct. 31, 2014)]

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