Posted by mark on 8/19/07

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I represent a client who was pre-approved by his health
insurance carrier for a much-needed back surgery.
Alhtough the surgery was pre-approved, the carrier
subsequently denied his claim for benefits on the basis
that the surgery was experimental. We filed suit in state
court alleging breach of contract, fraud, bad-faith, and
seeking a declaratory judgment. the carrier then removed
the matter to federal distirct court on the basis that the
health insurance was an employee benefit plan under
ERISA. Simultaneously, the defendant filed a motion to
dismiss onm the absis that all of plaintiff's claims are
preempted and that he has no remedy under federal law.

I am filing a motion to remand which I expect to be
denied. In that event, I want to be ready to file an
amended complaint which sets forth colorable claims under
ERISA. I've never dealth with ERISa before and am getting
a headache. How do I couch my claims in sucha manner to
set forth claims under ERISA?

Re: Causes of action under ERISA?, 10/26/07, by Rob.

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