Federal Judge Dismisses ERISA Suit Against City’s Hospital Authority

Mealey's (September 4, 2019, 10:54 AM EDT) -- GREENSBORO, N.C. — A complaint by hospital authority benefits plan participants must be dismissed as the plans are governmental plans not subject to the Employee Retirement Income Security Act, a federal judge in North Carolina ruled Aug. 30, granting two motions to dismiss by the defendants and noting that the Fourth Circuit U.S. Court of Appeals has not decided under which Federal Rule of Civil Procedure governmental plan status should be resolved (Della Shore, et al. v. The Charlotte-Mecklenburg Hospital Authority, et al., No. 18-961, M.D. N.C., 2019 U.S. Dist. LEXIS 148298)....