Pennsylvania claims challenging HMO’s right to subrogation are completely preempted.
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ERISA completely preempts a plan participant’s state law challenge to Aetna’s right to enforce its subrogation claim against his auto accident tort recovery, a Pennsylvania federal judge ruled Feb. 9, finding that removal of a class action suit to federal court was proper (Jonathan Wirth, et al. v. Aetna U.S. HealthCare, No. 03-5406, E.D. Pa.; 2004 U.S. Dist. LEXIS 1787). (Opinion available. Document #31-040213-115Z.) U.S. Judge Harvey Bartle III of the Eastern District of Pennsylvania ruled that Jonathan Wirth is seeking benefits from a plan enforceable under ERISA Section 502(a)(1)(B). “This claim and the others dependent on it are completely preempted by ERISA and we have subject matter jurisdiction over them,” the judge held. “That… Source : accessmylibrary.com |