ERISA Doesn't Trump State Claims, DOL Tells 5th Circ.

Law360, New York (July 25, 2012, 2:54 PM EDT) -- Federal law shouldn't preempt a medical device provider's state law claims that a UnitedHealth Group Inc. unit improperly refused to pay for services provided under employee retirement plans, the U.S. Department of Labor told the Fifth Circuit on Tuesday.

As the appeals court conducts a rehearing en banc on the suit filed by Texas medical device provider Access MediQuip LLC, the DOL argued in an amicus brief that accepting UnitedHealthcare's argument that Access' claims are preempted by the Employee Retirement Income Security Act would unfairly leave...
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