Difelice v. Aetna U.S. Healthcare
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
RENDELL, Circuit Judge.
We are once again called upon to determine whether a lawsuit claiming medical negligence is completely preempted by the civil enforcement provision of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1132(a). Joseph V. DiFeliee, Jr., appeals the order of the United States District Court for the Eastern District of Pennsylvania dismissing his complaint against Aetna/U.S. Healthcare, Inc. (“Aetna”) for negligent conduct in regard to his medical treatment for sleep apnea and upper airway obstruction. DiFeliee filed suit in state court,…
2Cases cited21 opinions
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- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Marc Andrew Mario v. P & C Food Markets, Inc.Court of Appeals for the Second Circuit · 2002
- Beneficial National Bank v. AndersonSupreme Court of the United States · 2003
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