Marin Gen'l. Hosp. v. Modesto & Empire Traction Co., No. 07-16518
In an action seeking payments under a disability insurance plan, the dismissal of the complaint on ERISA preemption grounds is reversed where 29 U.S.C. section 1132(a)(1)(B) did not completely preempt plaintiff's purely state-law action for breach of contract, negligent misrepresentation, quantum meruit and estoppel.
Read Marin Gen'l. Hosp. v. Modesto & Empire Traction Co., No. 07-16518
Argued and Submitted January 16, 2009
Filed September 10, 2009
Opinion by Judge W. Fletcher
Viola Rita Brown, Stephenson Acquisto & Colman, Burbank, CA
Gregory C. Lehman, Stephenson Acquisto & Colman, Burbank, CA
Bradley Alan Post, Borton Petrini LLP, Fresno, CA
Christopher H. White, Ross Dixon & Bell, Chicago, IL
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.