Atlantic Health Care Benefits Trust v. Foster

MEMORANDUM

RAMBO, Chief Judge.

Before the court is Defendants’ motion to dismiss Plaintiffs’ complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Plaintiffs seek a declaration that Pennsylvania insurance laws regulating its benefits plan are preempted by ERISA, and further seek to enjoin the Commissioner from interfering with their benefits plan. Defendants assert that they are immune from suit pursuant to the Eleventh Amendment, and that Plaintiffs’ complaint fails to state a claim since state licensing regulations are not preempted by ERISA as Plaintiffs allege. The…