State Law Claims Alleged Against Employer, Disability Insurer Are Preempted

Mealey's (September 14, 2020, 11:54 AM EDT) -- ALEXANDRIA, La. — An occupational therapist seeking to recover disability benefits under a plan issued by her employer cannot allege state law claims for bad faith, breach of contract and detrimental reliance against her employer and disability insurer because the claims are preempted by the Employee Retirement Income Security Act, a Louisiana federal judge said Sept. 10 in dismissing the state law claims (Melanie Lewellyan v. Red River Rehab LLC, et al., No. 19-1105, W.D. La., 2020 U.S. Dist. LEXIS 166859)....