Legal Opinion
In Home Health, Inc. v. The Prudential Insurance Company of America
Court of Appeals for the Eighth Circuit
Decided January 2, 1997No. 95-3974PublishedCited by 111 opinions
1Opinion of the Court
KORNMANN, District Judge.
In Home Health, Inc. (“Home Health”), appeals from the District Court’s denial of Home Health’s motion to remand this case to state court. The District Court found that Home Health’s claim for negligent misrepresentation based on state law was preempted by ERISA 1 . We reverse and remand for entry of judgment in accordance with this opinion.
I. Background
Home Health originally filed this case in Missouri state court alleging that The Prudential Insurance Company óf America (“Prudential”), is liable for damages based on the tort of negligent misrepresentation under…
2Cases cited20 opinions
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990
- Fort Halifax Packing Co. v. CoyneSupreme Court of the United States · 1987
- Sarah B. Shields, Individually and as Representative of All Others Similarly Situated v. Citytrust Bancorp, Inc., George F. Taylor and Irwin EngelmanCourt of Appeals for the Second Circuit · 1994
- MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
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3Cited by111 opinions
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- Gerosa v. Savasta & Co.Court of Appeals for the Second Circuit · 2003
- Access Mediquip L.L.C. v. Unitedhealthcare InsuranceCourt of Appeals for the Fifth Circuit · 2011
- Candace J. Wilson v. Wayne ZoellnerCourt of Appeals for the Eighth Circuit · 1997
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