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· 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

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.