Mealey's (February 8, 2019, 11:26 AM EST) -- SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeal on Feb. 6 reversed a district court’s dismissal of state law claims alleged against health insurance companies that allegedly made misrepresentations about monthly premiums after determining that the state law claims are not preempted by the Employee Retirement Income Security Act because the alleged misrepresentations were made before the issuance of the health plans and, therefore, do not relate to an ERISA plan (The Depot Inc., et al. v. Caring for Montanans Inc., et al., No. 17-35597, 9th Cir., 2019 U.S. App. LEXIS 3671)....