New York Federal Judge Dismisses ERISA Claims; Breach Of Contract Claim Remains

(December 2, 2015, 2:31 PM EST) -- CENTRAL ISLIP, N.Y. — A New York federal judge on Nov. 25 refused to dismiss a disability claimant’s breach of contract claim because a question of fact exists regarding the cause of the claimant’s disability; however, the judge dismissed the remaining claims alleged under the Employment Retirement Income Security Act because the plan at issue is not governed by ERISA (Dr. Ogina Hailoo v. Disability RMS, et al., No. 14-1992, E.D. N.Y.; 2015 U.S. Dist. LEXIS 159508)....

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