West Pines Psychiatric Hospital v. Samsonite Benefit Plan

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Northwestern National Life Insurance Company (NWNL) moves to dismiss plaintiffs complaint pursuant to Rule 12(b)(6) for failure to state a claim entitling plaintiff to relief, and on the basis that the plaintiffs state law claims are preempted by the Employee Retirement Income Security Act of 1974, 29 U.S.C.A. §§ 1001 to 1461 (ERISA). For the reasons set forth below, NWNL’s motion will be granted in part and denied in part.

I

On October 19,1990, Aaron and Amy Roberts (Roberts Children), children of Richard A. Roberts (Roberts), were admitted…