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TERREBONNE HOMECARE, INC. v. SMA HEALTH PLAN, INC.

No. 00-31145.

271 F.3d 186 (2001)

TERREBONNE HOMECARE, INC., Plaintiff-Appellant, v. SMA HEALTH PLAN, INC., formerly known as SMA HMO, Inc.; et al., Defendants, Hospital Service District No. 1 of the Parish of Terrebonne, doing business as Terrebonne General Medical Center and Nursing Care Home Health Agency, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 17, 2001.

Attorney(s) appearing for the Case

William Sternin Watkins, C. Berwick Duval, II (argued), Duval, Funderburk, Sandbery, Lovell & Watkins, Houma, LA, for Plaintiff-Appellant.

William Allen Eroche (argued), Watkins, Walker & Eroche, Houma, LA, Don M. Richard, Metairie, LA, for Defendant-Appellee.

Before GARWOOD and WIENER, Circuit Judges, and SARAH S. VANCE, District Judge.

PER CURIAM:

The threshold issue in this appeal is whether the artful pleading doctrine may be invoked to assert federal jurisdiction over a complaint alleging state antitrust law claims. Because plaintiff alleged state law claims in a field that is not completely preempted by federal law, the artful pleading doctrine does not apply. The district court therefore lacked subject matter jurisdiction, and its orders must be vacated...

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