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Fifth Circuit Holds Medical Provider Tort Claim Against NFL Is Preempted by ERISA
Roberts Disability Law
July 6, 2021 "The court explained that the essence of Advanced's claim is that the NFL facilitated a coverage denial. To prevail on its state-law claim, Advanced has to show that its patients were covered by the ERISA plan, that they assigned their right to plan benefits to Advanced, and that the claims would not be excluded under the terms of the plan. Because plan interpretation is essential to Advanced's tort claim, it is completely preempted." [Advanced Physicians, S.C. v. National Football League, No. 20-10998 (5th Cir. Jul. 1, 2021; unpub.)] |
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