[Download] "Pappas V. Asbel" by In the Supreme Court of Pennsylvania Eastern District * eBook PDF Kindle ePub Free
eBook details
- Title: Pappas V. Asbel
- Author : In the Supreme Court of Pennsylvania Eastern District
- Release Date : January 03, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Based on the principles the United States Supreme Court articulated in New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Ins. Co., 514 U.S. 645 (1995), we issued an opinion in the instant case on December 23, 1998, holding that the state law medical negligence claims asserted against third-party defendant United States Healthcare Systems of Pennsylvania, Inc. ("U.S. Healthcare") are not preempted by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. 1001 et seq. Pappas v. Absel, 724 A.2d 889 (Pa. 1998) ("Pappas I"). Accordingly, we affirmed the Superior Court's order, reversing the trial court's entry of summary judgment in U.S. Healthcare's favor. Id. at 894. On June 19, 2000, the Supreme Court entered an order granting certiorari in Pappas I, vacating the judgment of this court, and remanding the case for our further consideration in light of Pegram v. Hendrich, __U.S.__, 120 S. Ct. 2143 (2000). For all the reasons that follow, we adhere to our original opinion and order.