5th Circ. Again Revives State Claims In UnitedHealth Suit

Law360, New York (October 5, 2012, 7:23 PM EDT) -- The Fifth Circuit on Friday upheld its previous decision restoring state law claims in a suit alleging a UnitedHealth Group Inc. unit improperly refused to reimburse a Texas-based medical device provider for services provided to patients insured under United-administered employee retirement plans.

In a published, unanimous en banc decision, the Fifth Circuit said it would reinstate a previous three-judge panel's decision to reverse District Judge Nancy F. Atlas’ ruling that several of Access MediQuip LLC’s state law claims were preempted by the Employee Retirement Income Security...
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