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· 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 CourtListener

Sourced 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.