Fleming v. Life of the South TPA, Inc.

MEMORANDUM OPINION AND ORDER

ACKER, District Judge.

The court has for consideration the amended motion of Life of the South TPA, Inc., et al., defendants in the above-entitled cause, for a dismissal of plaintiffs’ action or in the alternative for summary judgment, and an alternative motion to strike plaintiffs’ jury demand.

Without purporting to adjudicate whether or not the medical benefits plan upon which the action is based sufficiently complies with the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (“ERISA”), to enjoy ERISA’s super-preemption, thus preserving…