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Brushy Creek Family Hospital, LLC v. Blue Cross and Blue Shield of Texas

Court: WD Tx  10/11/2022   ERISA Preempts Insurance Code Claims and Establishes Federal Question Jurisdiction

A magistrate of the Western District of Texas recommended denial of motion to remand where ERISA preempts Texas Insurance Code claims, amendments to Code do not create duties independent of ERISA plan, and ERISA issues create federal question jurisdiction.

ERISA, federal question jurisdiction, TIC Sec. 1301.155(b), preemption, ERISA plan, remand

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