Rolan v. New West Health Services

¶1 Dana Rolan and the class she represents appeal from the order of the First Judicial District Court, Lewis and Clark County, granting New West Health Service’s (New West) motion for summary judgment. Finding the issue stated below dispositive we decline to address the additional issues raised by the parties. We reverse and remand for further proceedings.

¶2 We restate the issue on appeal as follows:

Whether the District Court abused its discretion by granting New West leave to amend its answer to assert ERISA preemption.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 Dana Rolan (Rolan) was injured in a…