Elsesser v. Hospital of the Philadelphia College of Osteopathic Medicine

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the cause of action based on allegations that HMO withheld benefits were preempted, while the claims against HMO for its negligent selection, retention, and evaluation of a primary-care physician were not preempted
• plaintiffs’ claim alleging vicarious liability of HMO for actions of physician acting ostensibly as HMO’s agent not preempted
• state law claims of vicarious liability against HMO not preempted
• malpractice claim for failure to provide funding for medical device
• discussing paragraph ii of plaintiff’s complaint

Source: CourtListener parenthetical corpus (CC0).