Legal Opinion

Difelice v. Aetna U.S. Healthcare

Court of Appeals for the Third Circuit

Decided October 15, 2003No. 02-3381PublishedCited by 40 opinions

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

  1. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  2. In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
  3. Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
  4. Marc Andrew Mario v. P & C Food Markets, Inc.Court of Appeals for the Second Circuit · 2002
  5. Beneficial National Bank v. AndersonSupreme Court of the United States · 2003

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3Cited by40 opinions

  1. Estate of Joseph Maglioli v. Alliance HC Holdings, LLCCourt of Appeals for the Third Circuit · 2021
  2. Plastic Surgery Center, P.A. v. Aetna Life Insurance CoCourt of Appeals for the Third Circuit · 2020
  3. Ryan Rowinski, on Behalf of Himself and All Others Similarly Situated v. Salomon Smith Barney Inc., Ryan RowinskiCourt of Appeals for the Third Circuit · 2005
  4. Miara v. First Allmerica Financial Life InsuranceDistrict Court, D. Massachusetts · 2005
  5. Brown v. Astro Holdings, Inc.District Court, E.D. Pennsylvania · 2005

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

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