HULL v. FALLON

No. 99-1036.

188 F.3d 939 (1999)

Jeffrey D. HULL, Appellant, v. Richard H. FALLON, M.D., Individually; Prudential Healthcare System, Inc., a Texas Corporation; Prudential Healthcare System, doing business as Prudential Health Care Health Maintenance Organization, Inc.; Prudential Healthcare System, doing business as Prudential Health Care System, St. Louis Health Care Management, Inc.; Prudential Healthcare System, doing business as Prudential Health Care Health Maintenance Organization, also known as Prucare HMO, Inc.; Prudential Insurance Brokerage, doing business as Pruco Life Insurance Company, Inc., an Arizona Corporation; the Prudential Insurance Company of America, a New Jersey Corporation; the Prudential Insurance Company of America, doing business as Prudential Insurance and Financial Services; the Prudential Insurance Company of America, doing business as Prudential Health Care System, St. Louis Health Care Management; the Prudential Insurance Company of America, doing business as Prudential Health Care Health Maintenance Organization; the Prudential Insurance Company Of America, doing business as Prudential Health Care Health Maintenance Organization, also known as Prucare HMO; Pruco Securities Corporation, a New Jersey Corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 23, 1999.

Rehearing and Rehearing Denied October 7, 1999.


Attorney(s) appearing for the Case

Kenneth W. Vuylesteke, St. Louis, MO, argued (William Ruby, House Springs, MO, on the brief), for appellant.

Richard J. Pautler, St. Louis, MO, argued (Lewis R. Mills, St. Louis, MO, on the brief), for Appellees.

Before: BEAM and MORRIS SHEPPARD ARNOLD, Circuit Judges, and KYLE, District Judge.


Rehearing and Rehearing En Banc Denied October 7, 1999.

BEAM, Circuit Judge.

Jeffery Hull filed a medical malpractice action in state court against the administrator of his health plan and asserted vicarious liability on the part of his health care plan for the claim. The defendants removed the action to federal court claiming federal question jurisdiction under ERISA2 and preemption of the state law claims. Hull moved to remand...

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