Grievance Administrator v. Marcucci

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 that an HMO failed to correctly diagnose a condition and authorize proper medical treatment were tort claims outside of the scope of section 502(a)
• applying Pegram approach and holding that the plaintiff’s claim that the HMO’s failure to diagnose his condition cor- rectly and failure to authorize proper medical treatment do not fall within the civil enforcement provisions of § 502(a) and thus are not completely preempted

Source: CourtListener parenthetical corpus (CC0).