Legal Opinion

Shaw Ex Rel. Zollner v. PACC Health Plan, Inc.

Oregon Supreme Court

Decided December 29, 1995No. CC 9106-04101; CA A76072; SC S41799PublishedCited by 19 opinions

1Opinion of the CourtCarson, C. J.

The issue in this case is whether the trial court correctly granted the motion of defendant PACC Health Plan, Inc. (hereinafter “PACC”), for summary judgment on the ground that plaintiff’s 1 state claims were preempted by the federal Employee Retirement Income Security Act (ERISA). 29 USC § 1001 et seq.

Defendant Holly Hart (hereinafter “employer”) operates a restaurant in which she employed plaintiff as a server. In 1990, employer decided to purchase health insurance for her employees, and hoped to obtain health coverage for her employees by January 1991. She began working with an insurance…

2Cases cited13 opinions

  1. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  2. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  3. Allis-Chalmers Corp. v. LueckSupreme Court of the United States · 1985
  4. New York State Conference of Blue Cross & Blue Shield Plans v. Travelers InsuranceSupreme Court of the United States · 1995
  5. Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.Supreme Court of the United States · 1985

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3Cited by19 opinions

  1. At&T Communications of Pacific Northwest, Inc. v. City of EugeneCourt of Appeals of Oregon · 2001
  2. Butler v. Department of RevenueOregon Tax Court · 1997
  3. In Re Complaint as to the Conduct of AlbrechtOregon Supreme Court · 2002
  4. Miller v. Pacific Trawlers, Inc.Court of Appeals of Oregon · 2006
  5. Horton v. Prepared Media Laboratory, Inc.Court of Appeals of Oregon · 2000

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