Albert Einstein Medical Center v. National Benefit Fund for Hospital & Health Care Employees

MEMORANDUM OPINION AND ORDER

VANARTSDALEN, Senior District Judge.

On September 29, 1989, in a Memorandum Opinion and Order, I dismissed plaintiffs’ claims for lack of federal subject matter jurisdiction. Upon reconsideration of my previous decision, I now hold that federal subject matter jurisdiction does exist over plaintiffs’ complaint. I will therefore also address the merits of defendant’s earlier motion to dismiss the complaint because it is preempted by ERISA and because plaintiffs fail to state a complaint upon which relief can be granted under ERISA. For the reasons discussed herein,…