· 8/10/2007
Cedars-Sinai Medical Center v. National League of Postmasters
Citations
- 497 F.3d 972
- 42 Employee Benefits Cas. (BNA) 1343
- 2007 U.S. App. LEXIS 18996
- 2007 WL 2284349
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- applying rule 12(b)(1) when reviewing motion to dismiss asserting preemption defense
- applying rule 12(b)(1) when reviewing motion to dismiss asserting preemption defense
- applying rule 12(b)(1) when reviewing motion to dismiss asserting preemption defense
- “Neither party contends that Cedars-Sinai has S.M.'s specific written consent to pursue payment of a disputed claim.”
- “federal law must both (1) provide remedies that displace state law remedies (displacement of remedies) and (2) conflict with state law (conflict preemption).”
- “FEHBA’s implementing regulations establish a mandatory administrative remedy that is available to a party who believes that a carrier has wrongfully denied benefits. OPM’s finding may be challenged in federal court, but only after exhaustion of this process.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Pregerson, Fernandez, Siler
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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