Judge Adopts Report Denying Judgment, Remanding Health Care Case

Mealey's (October 24, 2019, 3:28 PM EDT) -- CENTRAL ISLIP, N.Y. — An action challenging the amount of a payment does not invoke the Employee Retirement Income Security Act, and without that claim, no reason exists to keep the case in federal court, a federal judge in New York said Oct. 9 in adopting a magistrate judge’s 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)....