Panel Affirms Dismissal Of Complaint, Says Negligence Claim Is ERISA Benefits Claim
(June 7, 2016, 9:55 AM EDT) -- CINCINNATI — The Sixth Circuit U.S. Court of Appeals on May 23 affirmed the dismissal of a complaint against two nurses who made recommendations on the plaintiff’s disability claim because the claims against the nurses are simply a reassertion of a claim for wrongful denial of benefits under the Employee Retirement Income Security Act (Violet Hogan v. Jo Ellen Jacobson, et al., No. 15-5572, 6th Cir.; 2016 U.S. App. LEXIS 9373).
(Opinion available. Document #17-160613-005Z.)
In 2011, Violet Hogan filed suit in the U.S. District Court...