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SHEA v. ESENSTEN

No. 99-1388.

208 F.3d 712 (2000)

Dianne L. SHEA, Appellant, v. Sidney ESENSTEN; Jeffrey A. Arenson; Family Medical Clinic, P.A., a Minnesota Non-Profit Corp., Family Medical Clinic; Fairview, A Minnesota Non-Profit Corp.; Medica, a Minnesota Non-Profit Corp.; United Healthcare, United Healthcare Corp., a Minnesota Non-Profit Corp.; Secretary of Labor; Allina Health System Corp., Appellees. Secretary of Labor, Amicus on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 31, 2000.

Attorney(s) appearing for the Case

Corey J. Ayling, Minneapolis, MN, argued (John R. Schulz, St. Paul, MN, on the brief), for Appellant.

Stacy E. Elias, Department of Labor, Washington, DC, argued, for Amicus on Behalf of Appellant.

Cecilie M. Loidolt and William L. Davidson, Minneapolis, MN, argued (Paul C. Peterson and J. Richard Bland, Minneapolis, on the brief), for appellees.

Before BOWMAN, LAY, and HANSEN, Circuit Judges.

HANSEN, Circuit Judge.

Dianne L. Shea brought this wrongful death suit in state court after her husband's death due to heart failure, and the case now has been twice removed to federal court. In this latest removal proceeding, the district court dismissed the tort claim of count III (alleging negligent misrepresentation for the failure of Mr. Shea's physicians to disclose a conflict of interest) as preempted by ERISA.

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