Legal Opinion
Serbin v. Fortis Benefits Insurance
District Court, N.D. Ohio
Decided January 14, 2000No. 4:98CV641PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
ALDRICH, District Judge.
Plaintiff Rosemary Serbin brought this action in state court, seeking a declaration that, under her employer-sponsored health insurance plan, she had no obligation to reimburse defendant Fortis Benefits Insurance Company (“Fortis”) for medical benefits Fortis had paid on her behalf. Fortis removed the case to federal court on the ground that the Employee Retirement Income Security Act (“ERISA”) completely preempts Serbin’s claim. For-tis also filed a counterclaim in which the company seeks restitution and specific performance of the terms of the…
2Cases cited17 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
12 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bennett v. Unum Life Insurance Co. of AmericaDistrict Court, E.D. Tennessee · 2004
- McCann v. Unum Life Insurance Co. of AmericaDistrict Court, E.D. Tennessee · 2003