Faye Brandon v. Interfirst Corporation, and John Hancock Mutual Life Insurance Company

E. GRADY JOLLY, Circuit Judge:

Faye Brandon appeals from the judgment dismissing her claim against John Hancock Mutual Life Insurance Co. (“Hancock”), as administrator of the benefit plan of Brandon’s former employer, for the plan’s refusal to cover her medical expenses. Brandon contends on appeal that the district court erroneously rejected her argument that Hancock was judicially es-topped from raising ERISA preemption as a defense because, Brandon contends, the defense was inconsistent with Hancock’s earlier positions. We affirm the district court.

I

In 1983 and 1984, Brandon incurred medical…