ERISA-Linked Contract Claim Preempts Health Care Cancer Coverage Suit, Judge Says

Mealey's (January 19, 2018, 10:51 AM EST) -- CHARLESTON, S.C. — A lawyer’s breach of contract claims arise from his allegation that his employer-provided health plan improperly denied coverage for cancer treatments and is preempted, a federal judge in South Carolina held Jan. 16 while retaining jurisdiction over the remaining claims as well (Daniel E. Speights, et al. v. BlueCross BlueShield of South Carolina, No. 17-594, D. S.C., 2018 U.S. Dist. LEXIS 6379)....