Legal Opinion
Providence Health Plan v. McDowell
Court of Appeals for the Ninth Circuit
Decided October 1, 2004No. Nos. 02-35263, 02-35841PublishedCited by 77 opinions
1Opinion of the Court
BRUNETTI, Circuit Judge:
These appeals concern two actions by Providence Health Plan to recover benefits paid to its insureds, the McDowells. The first action, “McDowell I” was for breach of contract and was filed in state court. McDowell I was removed to federal court and dismissed as completely preempted under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001 et seq. The second action, “McDowell II” was filed in federal court as an action for equitable relief under ERISA’s civil enforcement provision, 29 U.S.C. § 1132(a). This action was also dismissed after…
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