Rice v. Panchal

MEMORANDUM OPINION AND ORDER

PLUNKETT, District Judge.

Does the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., preempt a participant in an ERISA plan from suing that plan under a state common law theory of respondeat superior based on malpractice by the plan’s health care providers?

In this case, the Plaintiff, David Rice (“Rice”), belonged to a health care program set up by his employer, Handy Andy, and administered by the Defendant, Prudential Health Care Plan, Inc. (“PruCare”). PruCare selected health care providers for the plan participants, and PruCare paid, at…