Legal Opinion
Dianne L. Shea v. Sidney Esensten
Court of Appeals for the Eighth Circuit
Decided March 31, 2000No. 99-1388PublishedCited by 1 opinion
1Opinion of the Court
HANSEN, Circuit Judge.
Dianne L. Shea brought this wrongful death suit in state court after her hus band’s death due to heart failure, and the ease now has been twice removed to federal court. In this latest removal proceeding, the district court dismissed the tort claim of count III (alleging negligent misrepresentation for the failure of Mr. Shea’s physicians to disclose a conflict of interest) as preempted by ERISA. 1 The district court also dismissed a corporate party (Fairview) on statute of limitations grounds. Mrs. Shea appeals the preemption issue, joined by the Secretary of Labor as…
2Cases cited12 opinions
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971
- New York State Conference of Blue Cross & Blue Shield Plans v. Travelers InsuranceSupreme Court of the United States · 1995
- California Division of Labor Standards Enforcement v. Dillingham Construction, N. A.Supreme Court of the United States · 1997
- De Buono v. NYSA-ILA Medical & Clinical Services Fund Ex Rel. BowersSupreme Court of the United States · 1997
- Arkansas Blue Cross and Blue Shield, a Mutual Insurance Company v. St. Mary's Hospital, Inc.Court of Appeals for the Eighth Circuit · 1992
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3Cited by1 opinion
- Dianne L. Shea v. Sidney EsenstenCourt of Appeals for the Eighth Circuit · 2000