Legal Opinion
Dukes v. United States Health Care Systems of Pennsylvania, Inc.
District Court, E.D. Pennsylvania
Decided March 17, 1994No. Civ. A. 93-0577PublishedCited by 19 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
DITTER, District Judge.
This case was originally brought in state court and involves allegations of negligence on the part of two doctors, two medical centers, and a health maintenance organization (“HMO”). United States Health Care Systems of Pennsylvania, Inc. (“USHC”), the HMO, has moved to dismiss the claims against it on the ground that the state claims are pre-empted by ERISA. For the reasons set forth below, USHC’s motion to dismiss Counts I and II will be granted. Plaintiffs motion to remand will be denied in part and granted in part: counts I and II will not be…
2Cases cited12 opinions
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
- Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990
- MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
- Florence B. Corcoran Wife Of/and Wayne D. Corcoran v. United Healthcare, Inc., and Blue Cross and Blue Shield of Alabama, Inc.Court of Appeals for the Fifth Circuit · 1992
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Cecilia Dukes, Trustee Ad Litem of the Estate of Darryl Dukes, Deceased v. U.S. Healthcare, Inc. Germantown Hospital & Medical Center William W. Banks, M.D. Charles R. Drew Mental Health Center Edward B. Hosten, M.D. Serena Mary Visconti, Deceased, by Linda and Ronald Visconti, as Administrators of the Estate of Serena Mary Visconti, Deceased Linda Visconti Ronald Visconti, in Their Own Right v. U.S. Health Care, A/K/A the Health Maintenance Organization of Pennsylvania/njCourt of Appeals for the Third Circuit · 1995
- Kearney v. U.S. Healthcare, Inc.District Court, E.D. Pennsylvania · 1994
- Pacificare of Oklahoma, Inc. v. BurrageCourt of Appeals for the Tenth Circuit · 1995
- Dukes v. U.S. Healthcare, Inc.Court of Appeals for the Third Circuit · 1995
- Pomeroy v. Johns Hopkins Medical Services, Inc.District Court, D. Maryland · 1994
14 more not listed; retrieve them via the Exa API.