Legal Opinion
In re: US Healthcare, Inc. (Bauman v. US Healthcare, Inc. et.al.)
Court of Appeals for the Third Circuit
Decided September 16, 1999No. 98-5222, 98-5262, 98-5263UnknownCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
SLOVITER, Circuit Judge.
This case calls upon us to revisit the issue of “complete preemption” under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1132(a), in the context of a lawsuit claiming medical malpractice, a question we last considered in Dukes v. U.S. Healthcare, Inc., 57 F.3d 350 (3d Cir.1995).
The plaintiffs, Steven and Michelle Bauman, brought suit in a New Jersey state court for damages arising from the death of their newborn daughter, Michelina Bauman. The complaint names as defendants Kamilah Nemeh, M.D. (the pediatrician responsible for…
2Cases cited21 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
- Metropolitan Life Insurance v. MassachusettsSupreme Court of the United States · 1985
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3Cited by13 opinions
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