Dobbs v. Anthem Blue Cross and Blue Shield

LUCERO, Circuit Judge.

This case comes to us on appeal for the second time. Steven and Naomi Dobbs’ state law claims against Anthem Blue Cross and Blue Shield (“Anthem”) were initially dismissed by the district court as preempted by the Employee Retirement Income Security Act (“ERISA”). On the first appeal, we vacated the court’s disposition, holding that the Dobbs’ claims would not be preempted if the insurance plan at issue qualified as a “governmental plan” under an amended statutory definition. We remanded to allow the district court to make that factual determination. On remand, the court…