Magistrate Judge Says Claims Survive Summary Judgment, Suggests Remand

(September 16, 2019, 2:55 PM EDT) -- CENTRAL ISLIP, N.Y. — Assignments of rights give medical providers standing to pursue their action, and their dismissal of Employee Retirement Income Security Act claim strips the court of jurisdiction, a federal magistrate judge in New York held in a Sept. 3 report and recommendation (Long Island Thoracic Surgery, et al. v. Building Service 32BJ Health Fund, No. 17-163, E.D. N.Y., 2019 U.S. Dist. LEXIS 150761)....

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