(Download) "Levine v. United Healthcare Corporation" by United States Court of Appeals for the Third Circuit " Book PDF Kindle ePub Free

July 24, 2021

eBook details

Title: Levine v. United Healthcare Corporation
Author : United States Court of Appeals for the Third Circuit
Release Date : January 16, 2005
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 84 KB

Description

These interlocutory cross-appeals require us to address two different facets of the preemptive power of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001, et seq., as it applies to the instant dispute over an insurers claimed right of subrogation from an insureds third-party tort recovery. First, the insured ERISA plan participants, plaintiffs below, argue that the District Court should have remanded their claims to state court for lack of federal subject matter jurisdiction. Second, the insurance providers, defendants below, maintain that the District Court should have dismissed the claims entirely, as they depend on state law that is expressly preempted by ERISA § 514, 29 U.S.C. § 1144. Finally, the insurance providers argue that the District Court should have dismissed the claims because the state law decision on which they rely, Perreira v. Rediger, 778 A.2d 429 (N.J. 2001), should not apply retroactively. All three questions raise issues of first impression in this circuit. We find the insurance providers arguments more persuasive as to the first two issues, rendering consideration of Perreira s retroactivity unnecessary. Jurisdiction is proper in the District Court, but the underlying claims are preempted by ERISA and must be dismissed.