Legal Opinion
Brandon v. Aetna Services, Inc.
District Court, D. Connecticut
Decided March 16, 1999No. 3:98cv715 (JBA)PublishedCited by 4 opinions
1Opinion of the Court
RULING ON AETNA SERVICES, INC’S MOTION TO DISMISS [DOC. #22]
ARTERTON, District Judge.
Pending before this Court is Aetna Service, Inc.’s Motion to Dismiss the Second Count of the Plaintiffs Amended Complaint alleging medical malpractice on the grounds that such claim is preempted by the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq. (“ERISA”). For reasons that follow, Defendant’s Motion to Dismiss the Second Count is GRANTED.
I. Factual Background
In his amended complaint, 1 the Plaintiff seeks damages from Aetna Services Inc., successor in interest to Aetna" Life and…
2Cases cited14 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990
- Kramer v. Time Warner Inc.Court of Appeals for the Second Circuit · 1991
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3Cited by4 opinions
- Bonnie Cicio, Individually and as Administratrix of the Estate of Carmine Cicio v. John Does 1-8, Vytra Healthcare, and Brent Spears, M.D.Court of Appeals for the Second Circuit · 2003
- Rubin-Schneiderman v. Merit Behavioral Care Corp.District Court, S.D. New York · 2001
- Cicio v. Vytra HealthcareDistrict Court, E.D. New York · 2001
- Bonnie Cicio, Individually and as Administratrix of the Estate of Carmine Cicio v. John Does 1-8, Vytra Healthcare, and Brent Spears, M.D.Court of Appeals for the Second Circuit · 2003