Judge: Surgery Provider’s Contract Claims Survive Insurer’s Dismissal Bid

Mealey's (April 1, 2020, 2:17 PM EDT) -- NEW ORLEANS — An out-of-network surgery provider’s breach of contract and detrimental reliance claims are adequately pleaded and avoid Employee Retirement Income Security Act (ERISA) preemption, but the remainder of the case fails, a federal judge in Louisiana held March 30 while denying a blanket request for an “attorneys’ eyes only” provision (Crescent City Surgical Centre v. Cigna Health and Life Insurance Co., et al., No. 18-11385, E.D. La., 2020 U.S. Dist. LEXIS 54556)....