Legal Opinion
Simac v. Health Alliance Medical Plans, Inc.
District Court, C.D. Illinois
Decided April 10, 1997No. 97-3101PublishedCited by 6 opinions
1Opinion of the Court
OPINION
RICHARD MILLS, District Judge:
An urgent case to determine rights under a health plan.
The plan, however, is a “governmental plan” under ERISA.
Therefore, this Court lacks jurisdiction and the matter must proceed in state court.
I. BACKGROUND
On April 7, 1997 Janice K Simac filed this action seeking declaratory and injunctive relief against Health Alliance Medical Plans, Inc. (Health Alliance). Simac suffers from life threatening breast cancer. Simac’s physicians recommend that she receive High-Dose Chemotherapy supported by Peripheral Stem Cell Rescue (HDCT/PSCR). 1 According to the…
2Cases cited6 opinions
- Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
- United States v. JamesSupreme Court of the United States · 1986
- Feinstein v. LewisDistrict Court, S.D. New York · 1979
- Kathleen Denise Shirley v. Maxicare Texas, Inc.Court of Appeals for the Fifth Circuit · 1991
- Indumati Roy v. Teachers Insurance and Annuity Association and College Retirement Equities FundCourt of Appeals for the Second Circuit · 1989
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3Cited by6 opinions
- Rita Fromm v. Principal Health Care of Iowa, Inc., and Lou GarciaCourt of Appeals for the Eighth Circuit · 2001
- Ohio v. United StatesDistrict Court, S.D. Ohio · 2016
- Humphrey v. Sisters of St. Francis Health Services, Inc.District Court, N.D. Indiana · 1997
- Anchor Health Systems Inc v. RadowskiDistrict Court, N.D. Indiana · 2020
- Rita Fromm v. Principal HealthCourt of Appeals for the Eighth Circuit · 2001
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