Annemarie Jones Successfully Moves For Dismissal

Annemarie Jones successfully moved for dismissal of all claims against our client, a physician, as being preempted by the Employee Retirement Income Security Act of 1974 (“ERISA”). The plaintiff was denied long-term disability benefits by her employer’s insurance carrier following an independent medical examination and evaluation by our client. She brought suit in the Southern District of New York alleging, inter alia, that our client’s medical evaluation was flawed and asserting claims for tortious interference with contract and medical malpractice. The Court, in dismissing the claims in their entirety, held that plaintiff’s claims were preempted by ERISA because they each “relate to” her insurance provider’s denial of her benefits. The Southern District of New York explained that plaintiff’s claims “represent transparent attempts to pursue alternative routes to challenge the denial of [our client’s] benefits under the Plan outside of the statutory mechanism established in ERISA.”

       
 

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