West Virginia Federal Judge Dismisses Counterclaim In ERISA Preemption Case
(December 14, 2015, 9:33 AM EST) -- WHEELING, W.Va. — A breach of contract counterclaim brought in response to an action seeking a declaration that the Employee Retirement Income Security Act preempts a request for indemnification was dismissed Dec. 10 by a West Virginia federal judge (Ohio Valley Health Services & Education Corporation, et al. v. Health Plan of the Upper Ohio Valley Inc., et al., No. 15-65, N.D. W.Va.; 2015 U.S. Dist. LEXIS 165705).
(Decision available. Document #54-160113-001Z.)
According to the ruling by U.S. Judge Frederick P. Stamp Jr. of the Northern...