green
Positive treatment
Circuit Split
Quoted verbatim 2×
5.6 score
G Cite
cited 2× by 2 distinct cases, last quoted 1993 ·
…the principle ... that erisa pre-empts state-law claims alleging improper handling of benefit claims is broad enough to cover the action asserted here.
⚠ not in text
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993
2009
2026
Top citers, strongest first. 31 distinct citers.
How cited ↗
discussed
Cited "but see"
97 Cal. Daily Op. Serv. 821, 97 Daily Journal D.A.R. 1189 Rebecca R. Dreier, Individually and as Pr of the Estate Ronald E. Dreier, Deceased and as Parent and Guardian Kaylee E. Dreier, a Minor Child v. United States
(2×)
But see Lauer v. United States, 968 F.2d 1428, 1430 (1st Cir.) (holding that suit by serviceman alleging inadequate lighting of road maintained by Navy outside base causing serviceman to be hit by car while off-duty and walking on the road was Feres barred because "the question of whether to light a highway is a military decision"), cert. denied, 506 U.S. 1033 , 113 S.Ct. 812 , 121 L.Ed.2d 685 (1992); Miller v. United States, 643 F.2d 481, 494 (8th Cir.1981) (en banc ) (holding that family of serviceman performing off-duty work for private contractor who was killed when his ladder came in cont…
discussed
Cited "but see"
Dreier v. United States
(2×)
But see Lauer v. United States, 968 F.2d 1428, 1430 (1st Cir.) (holding that suit by serviceman alleging inadequate lighting of road maintained by Navy outside base causing serviceman to be hit by car while off-duty and walking on the road was Feres barred because "the question of whether to light a highway is a military decision"), cert. denied, 506 U.S. 1033 , 113 S.Ct. 812 , 121 L.Ed.2d 685 (1992); Miller v. United States, 643 F.2d 481, 494 (8th Cir.1981) (en banc) (holding that family of serviceman performing off-duty work for private contractor who was killed when his ladder came in conta…
discussed
Cited "but see"
Dreier v. United States
(2×)
But see Lauer v. United States, 968 F.2d 1428, 1430 (1st Cir.) (holding that suit by serviceman alleging inadequate lighting of road maintained by Navy outside base causing serviceman to be hit by car while off-duty and walking on the road was Feres barred because "the question of whether to light a highway is a military decision”), cert. denied, 506 U.S. 1033 , 113 S.Ct. 812 , 121 L.Ed.2d 685 (1992); Miller v. United States, 643 F.2d 481, 494 (8th Cir.1981) ( en banc) (holding that family of serviceman performing off-duty work for private contractor who was killed when his ladder came in co…
discussed
Cited "but see"
96 Cal. Daily Op. Serv. 6939, 96 Daily Journal D.A.R. 11,350 Rebecca R. Dreier, Individually and as Pr of the Estate Ronald E. Dreier, Deceased and as Parent and Guardian Kaylee E. Dreier, a Minor Child v. United States
(2×)
But see Lauer v. United States, 968 F.2d 1428, 1430 (1st Cir.) (holding that suit by serviceman alleging inadequate lighting of road maintained by Navy outside base causing serviceman to be hit by car while off-duty and walking on the road was Feres barred because "the question of whether to light a highway is a military decision"), cert. denied, 506 U.S. 1033 , 113 S.Ct. 812 , 121 L.Ed.2d 685 (1992); Miller v. United States, 643 F.2d 481, 494 (8th Cir.1981) (en banc ) (holding that family of serviceman performing off-duty work for private contractor who was killed when his ladder came in cont…
discussed
Cited as authority (quoted)
Spain v. Aetna Life Insurance
the principle ... that erisa pre-empts state-law claims alleging improper handling of benefit claims is broad enough to cover the action asserted here.
discussed
Cited as authority (quoted)
Spain v. Aetna Life Insurance Company
the principle ... that erisa pre-empts state-law claims alleging improper handling of benefit claims is broad enough to cover the action asserted here.
discussed
Cited "see"
Iron Workers Local Union No. 17 Insurance Fund v. Philip Morris Inc.
See Stauffacher v. Bennett, 969 F.2d 455, 460-61 (7th Cir.), cert. denied, 506 U.S. 1034 , 113 S.Ct. 814 , 121 L.Ed.2d 686 (1992) (Wisconsin plaintiffs had to rely on that state’s long-arm statute to assert jurisdiction over a defendant where RICO only authorized nationwide service of process).
cited
Cited "see"
Huss v. Green Spring Health Services, Inc.
See Corcoran v. United HealthCare, Inc., 965 F.2d 1321, 1331 (5th Cir.), cert. denied, 506 U.S. 1033 , 113 S.Ct. 812 , 121 L.Ed.2d 684 (1992).
discussed
Cited "see"
Andrews-Clarke v. Travelers Insurance
See Corcoran v. United Healthcare, Inc., 965 F.2d 1321, 1323 (5th Cir. 1992), cert. denied, 506 U.S. 1033 , 113 S.Ct. 812 , 121 L.Ed.2d 684 (1992) (citations omitted); Dukes v. U.S. Healthcare, Inc., 57 F.3d 350 , 352 n. 1 (3rd Cir.1995), cert. denied, -U.S. -, 116 S.Ct. 564 , 133 L.Ed.2d 489 (1995); Jennifer A. Hradil, Comment, Patchwork Patient Protection: Must We Choose a Single Pattern?, 27 Seton Hall L.Rev. 203, 210-11 & n. 32 (1996). 10 .
cited
Cited "see"
Clark v. Humana Kansas City, Inc.
See Corcoran v. United HealthCare, Inc., 965 F.2d 1321 (5th Cir.), cert. denied, 506 U.S. 1033 , 113 S.Ct. 812 , 121 L.Ed.2d 684 (1992).
cited
Cited "see"
Paper Systems Inc. v. Mitsubishi Corp.
See Stauffacher v. Bennett, 969 F.2d 455, 460 (7th Cir.), cert. denied, 506 U.S. 1034 , 113 S.Ct. 814 , 121 L.Ed.2d 686 (1992).
cited
Cited "see"
Glidden Co. v. Jandernoa
See Fausek v. White, 965 F.2d 126, 133 (6th Cir.), cert. denied, 506 U.S. 1034 , 113 S.Ct. 814 , 121 L.Ed.2d 686 (1992).
discussed
Cited "see"
Cannon v. Group Health Service Of Oklahoma
See Corcoran v. United HealthCare, Inc., 965 F.2d 1321, 1333 (5th Cir.) ("While we are not unmindful of the fact that our interpretation of the preemption clause leaves a gap in remedies within a statute intended to protect participants in employee benefit plans, the lack of an ERISA remedy does not affect a pre-emption analysis."), cert. denied, 506 U.S. 1033 , 113 S.Ct. 812 , 121 L.Ed.2d 684 (1992); Cromwell v. Equicor HCA Corp., 944 F.2d 1272, 1276 (6th Cir.1991) ("Nor is it relevant to an analysis of the scope of federal preemption that appellants may be left without a remedy."), cert. den…
discussed
Cited "see"
Cannon v. Group Health Service of Oklahoma, Inc.
See Corcoran v. United HealthCare, Inc., 965 F.2d 1321, 1333 (5th Cir.) (“While we are not unmindful of the fact that our interpretation of the preemption clause leaves a gap in remedies within a statute intended to protect participants in employee benefit plans, the lack of an ERISA remedy does not affect a pre-emption analysis.”), cert. denied, 506 U.S. 1033 , 113 S.Ct. 812 , 121 L.Ed.2d 684 (1992); Cromwell v. Equicor HCA Corp., 944 F.2d 1272, 1276 (6th Cir.1991) (“Nor is it relevant to an analysis of the scope of federal preemption that appellants may be left without a remedy.”), c…
discussed
Cited "see"
Dearmas v. Av-Med, Inc.
See Corcoran v. United Healthcare, Inc., 965 F.2d 1321, 1332 (5th Cir.), cert. denied, — U.S. -, 113 S.Ct. 812 , 121 L.Ed.2d 684 (1992) (finding ERISA pre-emption of neghgenee claim against defendant that provided utilization review services for plan).
discussed
Cited "see"
Bixler v. Central Pennsylvania Teamsters Health & Welfare Fund
Accord Corcoran v. United Healthcare, Inc., 965 F.2d 1321, 1336 (5th Cir.1992), cert. denied, --- U.S. ----, 113 S.Ct. 812 , 121 L.Ed.2d 684 (1992) (acknowledging that Sec. 502(a)(3) permits a beneficiary to recover for a breach of fiduciary duty); Lorenzen v. Employees Retirement Plan of Sperry & Huchinson Co., 896 F.2d 228 (7th Cir.1990) (acknowledging but not deciding that monetary damages may be available under Sec. 502(a)(3)(B) for breach of fiduciary duty).
discussed
Cited "see"
Bixler v. Central Pennsylvania Teamsters Health & Welfare Fund
Accord Corcoran v. United Healthcare, Inc., 965 F.2d 1321, 1336 (5th Cir.1992), cert. denied, U.S.-, 113 S.Ct. 812 , 121 L.Ed.2d 684 (1992) (acknowledging that § 502(a)(3) permits a bene-ficiaiy to recover for a breach of fiduciary duty); Lorenzen v. Employees Retirement Plan of Sperry & Huchinson Co., 896 F.2d 228 (7th Cir.1990) (acknowledging but not, deciding that monetary damages may be available under § 502(a)(3)(B) for breach of fiduciary duty).
cited
Cited "see"
Mary Kuhl Buddy Kuhl, Jr. Marnie K. Kuhl v. Lincoln National Health Plan of Kansas City, Inc.
See Corcoran v. United Healthcare, Inc., 965 F.2d 1321, 1334 (5th Cir.), cert. denied, — U.S.-, 113 S.Ct. 812 , 121 L.Ed.2d 684 (1992).
discussed
Cited "see"
Dearmas v. Av-Med, Inc.
See Corcoran v. United Healthcare, Inc., 965 F.2d 1321, 1332 (5th Cir.), cert. den., — U.S. -, 113 S.Ct. 812 , 121 L.Ed.2d 684 (1992) (wrongful death allegedly resulting from medical decision of provider of utilization review service preempted by ERISA since medical decision was “part and parcel” to deciding availability of benefits).
discussed
Cited "see"
Raymond v. Mobil Oil Corp.
See Corcoran v. United Healthcare, Inc., 965 F.2d 1321, 1333 (5th Cir.) (“While we are not unmindful of the fact that our interpretation of the preemption clause leaves a gap in remedies within a statute intended to protect participants in employee benefits plans, the lack of an ERISA remedy does not affect a pre-emption analysis.”), cert. denied, — U.S.-, 113 S.Ct. 812 , 121 L.Ed.2d 684 (1992); Cromwell v. Equicor HCE Corp., 944 F.2d 1272, 1276 (6th Cir.1991) (“Nor is it relevant to an analysis of the scope of federal preemption that appellants may be left without a remedy.”), cert.…
discussed
Cited "see"
Raymond v. Mobil Oil Corporation
See Corcoran v. United HealthCare, Inc., 965 F.2d 1321, 1333 (5th Cir.) ("While we are not unmindful of the fact that our interpretation of the preemption clause leaves a gap in remedies within a statute intended to protect participants in employee benefits plans, the lack of an ERISA remedy does not affect a pre-emption analysis."), cert. denied, --- U.S. ----, 113 S.Ct. 812 , 121 L.Ed.2d 684 (1992); Cromwell v. Equicor HCE Corp., 944 F.2d 1272, 1276 (6th Cir.1991) ("Nor is it relevant to an analysis of the scope of federal preemption that appellants may be left without a remedy."), cert. den…
discussed
Cited "see, e.g."
Pyle v. Hatley
Underwager v. Channel 9 Australia, 69 F.3d 361, 364 (9th Cir.1995); see also Stauffacher v. Bennett, 969 F.2d 455, 460 (7th Cir.) (“The cases are unanimous that a bare allegation of a conspiracy between the defendant and a person within the personal jurisdiction of the court is not enough” to establish personal jurisdiction over defendant.), cert. denied, 506 U.S. 1034 , 113 S.Ct. 814 , 121 *980 L.Ed.2d 686 (1992). 19 B.
discussed
Cited "see, e.g."
Catone v. Spielmann
Deputyship is not a matter of a specific title, nor must the position be named in a statute; “[t]here must, however, be a statute authorizing the purported deputy to ‘take over and perform the duties vested in the principal officer or ... a statute authorizing the principal officer to delegate his duties and thus to create a deputyship.’ ” Id.; see also Tranello v. Frey, 758 F.Supp. 841, 852 (W.D.N.Y.1991), aff 'd in part, appeal dismissed in part, 962 F.2d 244 (2d Cir.) (“ ‘An appointee’s status as deputy is determined not by what the appointee in fact does but by what he is dir…
discussed
Cited "see, e.g."
In re Kidder Peabody Securities Litigation
See, e.g., Fausek v. White, 965 F.2d 126, 132-83 (6th Cir.), cert. denied, 506 U.S. 1034 , 113 S.Ct. 814 , 121 L.Ed.2d 686 (1992); Ward v. Succession of Freeman, 854 F.2d 780, 786 (5th Cir.1988), cert. denied, 490 U.S. 1065 , 109 S.Ct. 2064 , 104 L.Ed.2d 629 (1989); In re Bairnco Corp. Sec.
discussed
Cited "see, e.g."
Jungels v. State University College of New York
See also, Tranello v. Frey, 758 F.Supp. 841, 850-51, n. 3 (W.D.N.Y.1991) (stating that the ADEA “provides the exclusive remedy for age discrimination claims,” without reference to Zombro), aff'd, 962 F.2d 244 (2d Cir.), cert. denied, 506 U.S. 1034 , 113 S.Ct. 813 , 121 L.Ed.2d 686 (1992).
cited
Cited "see, e.g."
Dukes v. U.S. Healthcare, Inc.
Id. at 1681; see also Corcoran v. United Healthcare, Inc., 965 F.2d 1321, 1323 (5th Cir.), cert. denied, — U.S. -, 113 S.Ct. 812 , 121 L.Ed.2d 684 (1992). 2 .
discussed
Cited "see, e.g."
Cecilia Dukes, Trustee Ad Litem of the Estate of Darryl Dukes, Deceased v. U.S. Healthcare, Inc. Germantown Hospital & Medical Center William W. Banks, M.D. Charles R. Drew Mental Health Center Edward B. Hosten, M.D. Serena Mary Visconti, Deceased, by Linda and Ronald Visconti, as Administrators of the Estate of Serena Mary Visconti, Deceased Linda Visconti Ronald Visconti, in Their Own Right v. U.S. Health Care, A/K/A the Health Maintenance Organization of Pennsylvania/nj
Id. at 1681; see also Corcoran v. United Healthcare, Inc., 965 F.2d 1321, 1323 (5th Cir.), cert. denied, --- U.S. ----, 113 S.Ct. 812 , 121 L.Ed.2d 684 (1992) 2 ERISA's "six carefully integrated civil enforcement provisions" are found in Sec. 502.
discussed
Cited "see, e.g."
Bailey-Gates v. Aetna Life Insurance
See also, Corcoran v. United Healthcare, Inc., 965 F.2d 1321, 1329-34 (5th Cir.1992) (plaintiffs’ wrongful death action preempted by ERISA when defendant-insurer refused over obstetrician’s recommendation, to precertify expectant mother’s hospitalization for high-risk pregnancy, resulting in death of nearly full-term fetus), cert. de *79 nied, — U.S. -, 113 S.Ct. 812 , 121 L.Ed.2d 684 (1992).
discussed
Cited "see, e.g."
Visconti by Visconti v. US Health Care
See Dukes, 848 F.Supp. at 41 ; Nealy, 844 F.Supp. at 972-73 ; Elsesser v. Hospital of the Philadelphia College of Osteopathic Medicine, 802 F.Supp. 1286, 1290-91 (E.D.Pa.1992) (plaintiffs claims of direct liability of HMO for failure to provide funding for medical advice is preempted by ERISA); see also Corcoran v. United Healthcare, Inc., 965 F.2d 1321, 1331 (5th Cir.), cert. denied, - U.S. -, 113 S.Ct. 812 , 121 L.Ed.2d 684 (1992).
cited
Cited "see, e.g."
Suggs v. Pan American Life Insurance
See also, Corcoran v. United Healthcare, Inc., 7 965 F.2d 1321 (5th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 812 , 121 L.Ed.2d 684 (1992).
discussed
Cited "see, e.g."
Nealy v. U.S. Healthcare HMO
See e.g., Corcoran v. United Healthcare, Inc., 965 F.2d 1321 (5th Cir.), cert. denied, — U.S. -, 113 S.Ct. 812 , 121 L.Ed.2d 684 (1992) (ERISA preempted medical malpractice claim and action for wrongful death).
Retrieving the full opinion text from the archive…
Century Life of America
v.
Century 21 Real Estate Corp.
v.
Century 21 Real Estate Corp.
No. 92-677.
Supreme Court of the United States.
Dec 14, 1992.
Cited by 8 opinions | Published
Citer courts: Ninth Circuit (2)
C. A. Fed. Cir. Certiorari denied.