Tuohig v. Principal Insurance Group

MEMORANDUM & ORDER

GORTON, District Judge.

The defendant has filed a “Partial Rule 12(b)(6) Motion to Dismiss” (Docket No. 4) in which it seeks to dismiss Counts Two through Sixteen of the Complaint due to the alleged federal preemption of those claims. The plaintiffs oppose the motion.

I. Background

In January, 1996, while Stephen Tuohig (“Mr.Tuohig”) was employed by Automatic Tech and a participant in the health and welfare plan administered by the defendant, his wife, Marilyn Tuohig (“Mrs.Tuo-hig”), an insured under the plan, was diagnosed with breast cancer. The defendant paid the medical…