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542 U.S. 200 *; 124 S. Ct. 2488 **; 159 L. Ed. 2d 312 ***; 2004 U.S. LEXIS 4571 ****; 72 U.S.L.W. 4516; 32 Employee Benefits Cas. (BNA) 2569; 17 Fla. L. Weekly Fed. S 415
AETNA HEALTH INC., fka AETNA U.S. HEALTHCARE INC. and AETNA U.S. HEALTHCARE OF NORTH TEXAS INC., Petitioner v. JUAN DAVILA; CIGNA HEALTHCARE OF TEXAS, INC., dba CIGNA CORPORATION, Petitioner v. RUBY R. CALAD et al.
Prior History: [****1] ON WRITS OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT.
Roark v. Humana, Inc., 307 F.3d 298, 2002 U.S. App. LEXIS 19139 (5th Cir. Tex., 2002)
Disposition: Reversed and remanded.
benefits, pre-empted, cause of action, fiduciary, respondents', coverage, decisions, cases, employee benefit plan, damages, terms, state cause of action, treating physician, remedies, civil enforcement, determinations, plans, district court, ordinary care, eligibility, pre-emption, entity, benefit plan, state law, pre-emptive, terms of the plan, federal court, discretionary, regulations, equitable
Civil Procedure, Removal, Specific Cases Removed, General Overview, Constitutional Law, Jurisdiction, Subject Matter Jurisdiction, Federal Questions, Federal Questions, Jurisdiction Over Actions, Preliminary Considerations, The Judiciary, Governments, Federal Government, Claims By & Against, Pensions & Benefits Law, ERISA, Federal Preemption, Employees & Officials, Civil Litigation, Federal Jurisdiction & Removal, Federal Preemption, Employee Benefit Plans, Civil Litigation, Business & Corporate Compliance, Funding Requirements, Pension Plan Funding, Labor & Employment Law, Collective Bargaining & Labor Relations, Causes of Action, Suits to Recover Plan Benefits, Remedies, Equitable Relief, Declaratory Judgments, Appeals, Standards of Review, De Novo Review, Fiduciaries, Welfare Benefit Plans, Healthcare Law, Managed Healthcare, Torts, Elements, Causation, Proximate Cause, Duty, Healthcare Law, Health Maintenance Organizations, Contracts Law, Breach, Procedural Matters, Preemption, Commercial Law (UCC), Sales (Article 2), Form, Formation & Readjustment, Pain & Suffering, Emotional Distress, Courts, Judicial Precedent, Damages, Punitive Damages, State Laws, Insurance Law, Industry Practices, Federal Regulations, Fiduciaries, Real Property Law, Trusts, Holding Trusts, Claim Procedures