Legal Opinion

Morris B. Silver M.D., Inc. v. International Longshore & Warehouse Union-Pacific Maritime Ass'n Welfare Plan

California Court of Appeal

Decided August 22, 2016No. B267941PublishedCited by 10 opinions

1Opinion of the Court

Opinion

PERLUSS, P. J.

Morris B. Silver M.D., Inc. (Silver), sued the International Longshore and Warehouse Union-Pacific Maritime Association Welfare Plan (Plan) to recover payment for health care services provided to Plan policyholders. Silver’s action was dismissed on the ground all of its state law causes of action were preempted by the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. § 1001 et seq.) (ERISA). We reverse the order dismissing the lawsuit and remand for further proceedings as set forth in this opinion.

FACTUAL AND PROCEDURAL BACKGROUND

On October 8, 2014 Silver…

2Cases cited23 opinions

  1. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  2. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  3. Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990
  4. Aetna Health Inc. v. DavilaSupreme Court of the United States · 2004
  5. New York State Conference of Blue Cross & Blue Shield Plans v. Travelers InsuranceSupreme Court of the United States · 1995

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3Cited by10 opinions

  1. Plastic Surgery Center, P.A. v. Aetna Life Insurance CoCourt of Appeals for the Third Circuit · 2020
  2. Port Med. Wellness, Inc. v. Conn. Gen. Life Ins. Co., California Court of Appeal, 5th District2018
  3. Brue v. ShabaabCalifornia Court of Appeal · 2020
  4. In re Essure Product CasesCalifornia Court of Appeal · 2024
  5. In re Essure Product CasesCalifornia Court of Appeal · 2023

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