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Marco Z. v. UnitedHealthcare Insurance Co.

Court: WD Tx  11/04/2020  Conflict Preemption Requires Dismissal of ERISA Beneficiary's State Law Claims; Leave to Amend Granted

A court of the Western District of Texas granted a health insurer's motion to dismiss all of a beneficiary's state law claims based on the conflict-preemption doctrine, finding claims under an ERISA plan superseded all the beneficiary's state law claims, but the court allowed the claimant leave to amend his complaint to assert a plausible claim under ERISA.

health insurance policy, ERISA, health insurer, employee benefits plan, denial of benefits, federal jurisdiction, complete preemption, conflict preemption, motion to dismiss, FRCP 12(b)(6), leave to amend

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