Coronavirus (COVID-19) News and Resources
Coronavirus (COVID-19) Webcasts
Subscribe to Free Daily Newsletters
Post a Job

Featured Jobs

Defined Contribution Account Manager
Nova 401(k) Associates logo
Nova 401(k) Associates
(Houston TX / Dallas TX / Scottsdale AZ / Telecommute)
Retirement Plan Processor
T Bank NA logo
T Bank NA
(Dallas TX)

Free Daily News and Jobs

“BenefitsLink continues to be the most valuable resource we have at the firm.”

-- An attorney subscriber

Get the BenefitsLink app LinkedIn
Twitter
Facebook

<< Previous news item   |   Next news item >>



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)]

Please click here to report this link if it is broken (for example, if you see a "404 File Not Found" error message after you click on the link above).
An important word about authorship: BenefitsLink® is providing a hypertext link to the item shown above, but is not the author of the item (unless otherwise specified).
© 2020 BenefitsLink.com, Inc.