Wurtz v. Rawlings Co.

JOHN M. WALKER, JR., Circuit Judge:

Plaintiffs initially filed the complaint in this case in New York state court, seeking, among other things, to enjoin defendant insurers under N.Y. Gen. Oblig. Law § 5-335 from obtaining reimbursement of medical benefits from plaintiffs’ tort settlements. Defendants removed this action to the Eastern District of New York (Joseph F. Bianco, District Judge), where the district court granted defendants’ motion to dismiss under Rule 12(b)(6) for failure to state a claim on the basis that plaintiffs’ claims were subject to both “complete” and “express” preemption…