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State Law Privacy Lawsuit Preempted by ERISA
HR Daily Advisor 
Feb. 28, 2018
"There was no allegation that the information Liberty Life received ... was disclosed to anyone outside the administrative review process, the defendants noted.... [Defendants cited a Fourth Circuit opinion which stated] that if the administrator had obtained her medical information 'in the course of processing a benefits claim or in the course of performing any of its administrative duties under the plan,' the claim for invasion of privacy would be related to the ERISA plan and would be preempted.... [T]he district court found this reasoning persuasive[.]" [Addington v. Senior Vice President -- Human Resources, Consol Energy Inc., No. 17-444 (W.D. Pa. Nov. 28, 2017 magistrate's report; adopted Dec. 13, 2017)]
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