Stephanie Elliot, Plaintiff-Appellant-Cross-Appellee v. Fortis Benefits Insurance Company, Defendant-Appellee-Cross-Appellant

OPINION

CUDAHY, Circuit Judge.

Stephanie Elliot, a terminally ill former paralegal, sued Fortis Benefits Insurance Company, claiming benefits and other damages under a long-term disability insurance policy she had through her employer. She prevailed on her Employee Retirement Income Security Act (ERISA) claims, and recovered policy benefits and attorney’s fees and costs, but lost on For-tis’s motion for judgment on the pleadings on her state law claims, under which she sought non-ERISA compensatory and punitive damages. Although recent case law requires us to reconsider whether ERISA preempts…