RICHLAND HOSPITAL, INC. v. RALYON

No. 86-1388.

33 Ohio St. 3d 87 (1987)

RICHLAND HOSPITAL, INC. ET AL. v. RALYON ET AL., APPELLEES; CARTER-JONES LUMBER CO. ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided November 18, 1987.


Attorney(s) appearing for the Case

Stephen Cockley and David Homer, for appellees.

Holder & Schiavone Co., L.P.A., William P. Holder, Jr. and Elizabeth A. Raies, for appellants.


MOYER, C.J.

This case presents two issues of first impression. The first is whether the concurrent subject matter jurisdiction vested in state courts under the Employee Retirement Security Act ("ERISA"), Section 1001 et seq., Title 29, U.S. Code, includes claims for benefits, punitive damages and attorney fees. Second, we must determine whether ERISA pre-empts a state common-law action asserting express, willful and malicious misrepresentation of benefit coverage...

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