Legal Opinion
Nealy v. US Healthcare HMO
New York Court of Appeals
Decided March 25, 1999PublishedCited by 20 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
The novel question presented by this appeal is whether the Employee Retirement Income Security Act (ERISA) preempts plaintiffs medical malpractice, breach of contract and breach of fiduciary duty claims against a primary care physician who allegedly delayed in submitting a specialist’s referral form for approval by a health maintenance organization (HMO) governed by ERISA. Concluding that ERISA does not preempt plaintiff's claims, we reverse the Appellate Division’s dismissal order and reinstate the complaint against the doctor.
In January 1992, plaintiff’s…
2Cases cited9 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
- New York State Conference of Blue Cross & Blue Shield Plans v. Travelers InsuranceSupreme Court of the United States · 1995
- California Division of Labor Standards Enforcement v. Dillingham Construction, N. A.Supreme Court of the United States · 1997
- Massachusetts v. MorashSupreme Court of the United States · 1989
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3Cited by20 opinions
- McCoy v. FeinmanNew York Court of Appeals · 2002
- People v. Applied Card Systems, Inc.New York Court of Appeals · 2008
- Balbuena v. IDR REALTY LLCNew York Court of Appeals · 2006
- Pryzbowksi v. U.S. Healthcare, Inc.Court of Appeals for the Third Circuit · 2001
- United States v. Kamal PatelCourt of Appeals for the Seventh Circuit · 2015
15 more not listed; retrieve them via the Exa API.