Feeney v. Roberts

How courts have described this case

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

• holding that a claim that an HMO had failed to use ordinary care in making a medical necessity determination sounded in tort and was not preempted
• stating that the Supreme Court has not decided whether section 502(a)(1)(B) preempts a medical malpractice claim involving “mixed decisions,” but holding under Fifth Circuit law that it does not
• “ERISA provides no cause of action for medical malpractice claims against an HMO” and such claims are therefore not preempted by § 502(a)(1)(B)

Source: CourtListener parenthetical corpus (CC0).