Arana v. Ochsner Health Plan

EDITH H. JONES, Circuit Judge:

This case was remanded to “the panel” pursuant to a decision of the en banc court that we have federal jurisdiction. See Arana v. Ochsner Health Plan, Inc., 302 F.3d 462, 470-74 (5th Cir.2002), rev’d en banc, 338 F.3d 433 (5th Cir.2003). We now hold that because Arana’s claim against Ochsner Health Plan (“OHP”) fails as a matter of Louisiana law, no question of conflict with federal ERISA law exists.

I. BACKGROUND

On July 5, 1998, Julio Arana (“Arana”) suffered serious injuries when the 1995 Nissan Pathfinder he was driving was struck by a 1996 Ford Crown Victoria.…