Legal Opinion
Ward v. Alternative Health Delivery Systems, Inc.
District Court, W.D. Kentucky
Decided June 7, 1999No. 3:98CV-18-JPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION
JOHNSTONE, Senior District Judge.
This matter is before the Court on Defendant’s Renewed Motion to Dismiss [dkt. # 60]. After reviewing the Motion and being otherwise sufficiently advised, the Court finds that Plaintiffs state law claims are pre-empted by ERISA and that Plaintiff, a health-care provider does not have standing to bring this cause of action under ERISA. Accordingly, Plaintiffs claims are dismissed pursuant to Rule 12(b)(6) for the reasons set forth in this opinion.
Background
Plaintiff provided chiropractic healthcare services to members of Defendants’ health…
2Cases cited16 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
- Metropolitan Life Insurance v. MassachusettsSupreme Court of the United States · 1985
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3Cited by2 opinions
- Kentucky Ass'n of Health Plans, Inc. v. NicholsCourt of Appeals for the Sixth Circuit · 2000
- Kentucky Association of Health Plans, Inc. Advantage Care, Inc. Aetna Health Plans of Ohio, Inc. Choicecare Health Plans, Inc. Fhp of Ohio, Inc. Hmpk, Inc. Hplan, Inc. Humana Health Plan, Inc. v. George Nichols, Iii, in His Official Capacity as Commissioner of the Kentucky Department of Insurance,defendant-AppelleeCourt of Appeals for the Sixth Circuit · 2000