· 3/3/1995
Mattie Tolton and Ronald Tolton v. American Biodyne, Inc.
Citations
- 48 F.3d 937
- 1995 U.S. App. LEXIS 4083
- 1995 WL 85280
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that ERISA preempted beneficiary's state-law claims against plan, including wrongful death, malpractice, insurance bad faith, and breach of contract
- holding that S 514(a) preempted claims for wrongful death, medical malpractice, and insurance bad faith based on a refusal to authorize treatment
- holding that ERISA preempted beneficiary’s state-law claims against plan, including wrongful death, malpractice, insurance bad faith, and breach of contract
- holding that wrongful death claim alleging a refusal to authorize certain benefits was preempted under ERISA
- “Amending a complaint after removal cures a jurisdictional defect.” (citing Brough v. United Steel Workers of Am., AFL-CIO, 437 F.2d 748, 750 (1st Cir. 1971)
- “That ERISA does not provide the full range of remedies available under state law in no way undermines ERISA preemption.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kennedy, Siler, Churchill
Read full opinion on CourtListenerSourced 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.