Legal Opinion

Bruce F. Botsford v. Blue Cross and Blue Shield of Montana, Inc. Blue Cross and Blue Shield Association

Court of Appeals for the Ninth Circuit

Decided December 23, 2002No. 01-36019PublishedCited by 55 opinions

1Opinion of the Court

OPINION

T.G. NELSON, Circuit Judge:

Defendants, Blue Cross and Blue Shield of Montana, Inc. (“Blue Cross”) appeal the district court’s dismissal of Bruce F. Bots-ford’s suit against them for lack of jurisdiction. Because we conclude that the Federal Employees Health Benefits Act 1 (FEHBA) completely preempts Botsford’s claim against Blue Cross, and that his claim thus arose under federal law, we reverse and remand.

I. BACKGROUND

After undergoing a $3,036.00 medical procedure and submitting the requisite paperwork to his FEHBA-covered health plan, Botsford received a reimbursement check for only…

2Cases cited16 opinions

  1. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  2. Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
  3. Allis-Chalmers Corp. v. LueckSupreme Court of the United States · 1985
  4. Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990
  5. New York State Conference of Blue Cross & Blue Shield Plans v. Travelers InsuranceSupreme Court of the United States · 1995

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3Cited by55 opinions

  1. Marin General Hospital v. Modesto & Empire Traction Co.Court of Appeals for the Ninth Circuit · 2009
  2. Cedars-Sinai Medical Center v. National League of PostmastersCourt of Appeals for the Ninth Circuit · 2007
  3. Pharmaceutical Care Management Ass'n v. RoweCourt of Appeals for the First Circuit · 2005
  4. In re Anthem, Inc. Data Breach LitigationDistrict Court, N.D. California · 2016
  5. López-Muñoz v. Triple-S Salud, Inc.Court of Appeals for the First Circuit · 2014

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