Legal Opinion

Empire Healthchoice Assurance, Inc. v. McVeigh

Court of Appeals for the Second Circuit

Decided January 14, 2005No. Docket No. 03-9098PublishedCited by 35 opinions

1Opinion of the Court

Judge SACK concurs in Judge SOTOMAYOR’s opinion and in a separate opinion.

Judge RAGGI dissents in a separate opinion.

SOTOMAYOR, Circuit Judge.

Empire HealthChoice Assurance, Inc. (“Empire”) appeals from a judgment entered in the United States District Court for the Southern District of New York (Cote, J.) dismissing for lack of subject matter jurisdiction Empire’s contract action against Denise McVeigh, as adminis-tratrix of Joseph McVeigh’s estate, for reimbursement of insurance benefits. Because the Federal Employees Health Benefits Act, 5 U.S.C. §§ 8901-8914, does not affirmatively…

2Cases cited42 opinions

  1. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  2. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  3. Rumsfeld v. PadillaSupreme Court of the United States · 2004
  4. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  5. Verizon Maryland Inc. v. Public Service Commission of MarylandSupreme Court of the United States · 2002

37 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Joblove v. Barr Labs. Inc.Court of Appeals for the Second Circuit · 2005
  2. Field Day, Llc v. County Of SuffolkCourt of Appeals for the Second Circuit · 2006
  3. Donald Lusk v. Village of Cold Spring, Docket No. 05-4999 CvCourt of Appeals for the Second Circuit · 2007
  4. Fero v. Excellus Health Plain, Inc.District Court, W.D. New York · 2017
  5. Health Care Service Corp. v. Methodist Hospitals oCourt of Appeals for the Fifth Circuit · 2016

30 more not listed; retrieve them via the Exa API.

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