PREEMPTION

:: PBM’s Prevail In Controversy Over ERISA Preemption Of Disclosure Legislation

In light of the First Circuit’s ruling addressing identical issues pertaining to an almost identical statute, this court determined that Rowe precluded the plaintiff from litigating the validity of the Act, noting that the two cases “are closely aligned in time and subject manner.” On appeal, the Circuit disagreed, explaining that applying collateral estoppel would …

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:: Health Care Provider’s Tort Claims Preempted Under Fifth Circuit ERISA Jurisprudence

The Court did not suggest that all tort claims are completely preempted by ERISA wherever there is an assignment of patient benefits, only that Plaintiffs’ claims in this case were so preempted under controlling Fifth Circuit law. See Transitional Hosps. Corp. v. Blue Cross & Blue Shield of Tex., Inc., 164 F.3d 952, 954 (5th …

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