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DUKES v. U.S. HEALTHCARE, INC.

Nos. 94-1373, 94-1661.

57 F.3d 350 (1995)

Cecilia DUKES, Trustee Ad Litem of the Estate of Darryl Dukes, Deceased, Appellant v. U.S. HEALTHCARE, INC.; Germantown Hospital & Medical Center; William W. Banks, M.D.; Charles R. Drew Mental Health Center; Edward B. Hosten, M.D. Serena Mary VISCONTI, Deceased, by Linda and Ronald VISCONTI, as Administrators of the Estate of Serena Mary Visconti, Deceased; Linda Visconti; Ronald Visconti, In Their Own Right, Appellants v. U.S. HEALTH CARE, a/k/a the Health Maintenance Organization of Pennsylvania/NJ.

United States Court of Appeals, Third Circuit.

Decided June 19, 1995.

Attorney(s) appearing for the Case

Stephen J. Pokiniewski, Jr. (argued), Anapol, Schwartz, Weiss and Cohan, Philadelphia, PA, for appellants in No. 94-1661.

Attarah B. Feenane (argued), Stephen C. Josel, Stephen C. Josel & Associates, P.C., Philadelphia, PA, for appellant in No. 94-1373.

Edward S. Wardell (argued), Jeffrey S. Craig, Kelley, Wardell & Craig, Haddonfield, NJ, and David F. Simon, U.S. Healthcare, Inc., Blue Bell, PA, for appellee U.S. Healthcare, Inc. in Nos. 94-1373 & 94-1661.

Thomas S. Williamson, Jr., Sol. of Labor, Marc I. Machiz, Asst. Sol., Plan Benefits Sec. Div., Karen L. Handorf, Counsel for Special Litigation, G. William Scott (argued), Trial Atty., U.S. Dept. of Labor, Office of the Sol., Plan Benefits Sec. Div., Washington, DC, for amicus curiae U.S. Secretary of Labor in Nos. 94-1373 & 94-1661.

Jeremy D. Mishkin, Richard M. Simins, Montgomery, McCracken, Walker & Rhoads, Philadelphia, PA, for amicus curiae New Jersey HMO Association in No. 94-1661.

Before: STAPLETON, ROTH and LEWIS, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

The plaintiffs in these two cases filed suit in state court against health maintenance organizations ("HMOs") organized by U.S. Healthcare, Inc., claiming damages, under various theories, for injuries arising from the medical malpractice of HMO-affiliated hospitals and medical personnel. The defendant HMOs removed both cases to federal court, arguing (1) that the injured person in each case had obtained medical...

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