5th Circ. Revives State Claims In Health Provider Suit

Law360, New York (November 8, 2011, 9:01 PM EST) -- The Fifth Circuit on Tuesday restored state law claims in a suit alleging a UnitedHealth Group Inc. unit improperly refused to reimburse a Texas-based medical device provider in connection with patients insured under employee retirement plans administered by UnitedHealth.

A district court judge had tossed the Texas state claims — which include negligent misrepresentation and unjust enrichment — brought by Access MediQuip LLC against UnitedHealthcare Insurance Co. last November, granting the insurer's summary judgment motion that the claims were pre-empted by the Employee Retirement Income Security...
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