· 11/15/2002
Nga Bui v. American Telephone & Telegraph Company Incorporated
Citations
- 310 F.3d 1143
- 2002 Cal. Daily Op. Serv. 11152
- 29 Employee Benefits Cas. (BNA) 1545
- 2002 Daily Journal DAR 12964
- 2002 U.S. App. LEXIS 23603
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding ERISA preempted plaintiff’s breach of contract claims “because the contract allegedly breached is the ERISA plan itself”
- “If a claim alleges a denial of benefits ERISA preempts it. A denial of benefits involves an administrative decision regarding coverage”
- “Mere 20 reference to an ERISA plan does not lead to preemption.”
- “If a claim involves a medical decision made in the course of treatment, ERISA does not preempt it; but if a claim involves an administrative decision made in the course of administering an ERISA plan, ERISA preempts it.”
- “If a claim involves a medical decision made in the course of treatment, ERISA does not preempt it; but if a claim involves an administrative decision made in the course of administering an ERISA plan, ERISA preempts it.”
Source: CourtListener parenthetical corpus (CC0).
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.