Legal Opinion

Healthtek Solutions, Inc. v. Fortis Benefits Insurance

District Court, E.D. Virginia

Decided May 19, 2003No. CIV.A. 2:03CV203PublishedCited by 10 opinions

1Opinion of the Court

ORDER

JACKSON, District Judge.

Presently before the Court are the Defendant’s Motion to Dismiss and the Plaintiffs Motion to Remand. In its Motion to Dismiss, Fortis Benefits Insurance Company 1 (“Fortis”) argues that the Plaintiffs claims are preempted by the Employment Retirement Income Security Act (“ERISA”) and that the Plaintiff lacks standing to sue under ERISA. In its Motion to Remand, Healthtek Solutions, Inc. (“Healthtek”) argues that federal subject matter jurisdiction is lacking and that removal was improper. For the reasons discussed below, the Court finds that it lacks subject…

2Cases cited21 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. Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
  4. Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986
  5. Wilson v. Republic Iron & Steel Co.Supreme Court of the United States · 1921

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

3Cited by10 opinions

  1. Lee v. Citimortgage, Inc.District Court, E.D. Virginia · 2010
  2. Birdsong Tractor & Supply, Inc. v. Microsoft Corp.District Court, D. Maryland · 2004
  3. Segen v. Buchanan General Hospital, Inc.District Court, W.D. Virginia · 2007
  4. Blackhawk Industries Products Group Unlimited LLC v. United States General Services AdministrationDistrict Court, E.D. Virginia · 2004
  5. Moon v. BWX Technologies, Inc.District Court, W.D. Virginia · 2013

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

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