ERISA Doesn't Apply To Hospital Bill Suit, 6th Circ. Says
Law360 (July 12, 2019, 3:56 PM EDT) -- A proposed class action against Methodist Healthcare is heading back to a Tennessee state court after the Sixth Circuit held that a woman's claims that the hospital purposefully overcharged her for medical services weren't preempted by the Employee Retirement Income Security Act.
The three-judge panel said in its opinion Thursday that Methodist Healthcare had to demonstrate that Lillian Knox-Bender's suit was preempted by ERISA under the doctrine of "complete preemption" in order to justify its removal from state court. However, the hospital failed to satisfy either prong of the two-part test for determining whether a state court claim is completely preempted,...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!