· 5/23/2005
Cleghorn v. Blue Shield Of California
Citations
- 408 F.3d 1222
- 34 Employee Benefits Cas. (BNA) 2898
- 2005 U.S. App. LEXIS 9348
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that claims were preempted where \the factual basis of the complaint... was the denial of reimbursement of plan benefits\
- collecting cases where state statutory and tort claims are have been preempted, including claims for “damages for what are essentially claim processing causes of action”
- dismissing state law claims, including those arising under the UCL, as ERISA-preempted
- “Any duty or liability that Blue Shield had to reimburse him ‘would exist here only because of [Blue Shield’s] administration of ERISA-regulated benefit plans.” (quotation and citation omitted)
- “The relief sought on the claims most strongly argued to survive preemption included restitutionary relief, disgorgement of profits, injunctive and other equitable relief, and attorneys’ fees”
- characterizing ERISA’s preemptive force as \powerful\
Source: CourtListener parenthetical corpus (CC0).
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.