Legal Opinion
Advance PCS v. Bauer
Supreme Court of Georgia
Decided June 26, 2006No. S05G2011PublishedCited by 4 opinions
1Opinion of the Court
Sears, Chief Justice.
We granted certiorari in this case to determine whether the Court of Appeals correctly held that the Employee Retirement Income Security Act of 1974 1 (“ERISA”) did not preempt plaintiffs’ claims. 2 Because plaintiffs’ claims are dependent on the terms of their respective ERISA plans (“plans”), and could have been raised in the context of ERISA’s civil enforcement provisions, we find that plaintiffs’ claims are preempted by ERISA. Accordingly, we reverse.
The plaintiffs are breast cancer survivors who were prescribed the drug tamoxifen over a period of years to reduce the…
2Cases cited13 opinions
- Shaw v. Delta Air Lines, Inc.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
- Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990
- Aetna Health Inc. v. DavilaSupreme Court of the United States · 2004
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3Cited by4 opinions
- FOX v. NORFOLK SOUTHERN CORPORATION Et Al.Court of Appeals of Georgia · 2017
- Homes of Georgia, Inc. v. Humana Employers Health Plan of Georgia, Inc.Court of Appeals of Georgia · 2006
- Kelley Manufacturing Co. v. MartinCourt of Appeals of Georgia · 2009
- AdvancePCS v. BauerCourt of Appeals of Georgia · 2007