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· 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).

Read full opinion on CourtListener

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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.