Florence Nightingale Nursing Service, Inc. v. Blue Cross & Blue Shield

MEMORANDUM OPINION

ACKER, District Judge.

A hyperbolic wag is reputed to have said that E.R.I.S.A. stands for “Everything Ridiculous Imagined Since Adam.” This court does not take so dim a view of the Employee Retirement Income Security Act of 1974. Instead, this court is willing to believe that ERISA has lurking somewhere within it a redeeming feature. However, this is not the case in which to find it. Instead, this case turns on mundane, routinely accepted principles offering little grist for the ERISA windmill.

Because ERISA does not permit trial by jury, the case was bench-tried, after which…