· 10/30/2018
Bowen v. Laird.
Citations
- 821 S.E.2d 105
- 348 Ga. App. 1
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that because determining in-network payments simply requires checking an industry-standard or fee schedule, it is only a cursory examination and does not trigger express preemption
- holding that ERISA’s “broad express preemption provision” in § 514(a
- contemplating that a “benefit 24 conferred” in an ERISA matter to be “the discharge of the obligation the insurer owes to 25 the insured”
- holding unjust enrichment claim expressly preempted because the claim requires a court to find an ERISA plan exists to show that Aetna “received a benefit”
- noting that “[a]bsent the assignment of benefits, a healthcare provider may not pursue its own section 502(a) cause of action ….”
- holding breach of contract claims are not preempted by ERISA when the complaint alleged a separate agreement between plaintiff and defendant that defined the benefits owed
Source: CourtListener parenthetical corpus (CC0).
Judges: Doyle
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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