5th Circ. Unsure Of Jurisdiction For Aetna Suit

Law360, New York (August 19, 2009, 3:26 PM EDT) -- Unable to determine whether the claims are preempted by the Employee Retirement Income Security Act, a federal appeals court has vacated a ruling remanding a suit in which a physicians group alleges Aetna Health Inc. underpaid for services.

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued the ruling Tuesday in the case filed by Lone Star OB/GYN Associates against the insurer, which had been removed to the U.S. District Court for the Western District of Texas at Aetna’s request....
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