Fink v. Delaware Valley HMO

How courts have described this case

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

• holding that state tort claims brought by federal employee against HMO were preempted by FEHBA
• holding that state tort claims brought by federal employee against HMO were preempted by FEHBA
• adopting majority view, quashing appeal of the dismissal of tor-tious interference and punitive damages claims, and finding claims preempted
• “Our conclusion that appellant’s state tort claims are preempted by the FEHBA is supported by the majority of jurisdictions that have addressed this issue.”
• intentional infliction count seeks recovery for harm distinct from that identified in breach of contract count
• negligence and malpractice allegations regarding medical services rose to the level of misfeasance and thus were distinct from claim of breach of contract, though pre-empted by federal law

Source: CourtListener parenthetical corpus (CC0).