BAPTIST HOSP. OF SOUTHEAST TX v. UNITED HEALTHCARE

No. 1:02-CV-055.

216 F.Supp.2d 625 (2002)

BAPTIST HOSPITAL OF SOUTHEAST TEXAS d/b/a Memorial Hermann Baptist Beaumont Hospital, Plaintiff v. UNITED HEALTHCARE OF TEXAS, INC., Defendants.

United States District Court, E.D. Texas, Beaumont Division.

May 6, 2002.


Attorney(s) appearing for the Case

James Alan Porter, Porter & Koch, Gregory Michael Koch, Gregory M Koch & Associates, Houston, TX, for Baptist Hospital of Southeast Texas dba Memorial Hermann Baptist Beaumont Hospital, plaintiffs.

Paula Denney, Strasburger & Price, Houston, TX, for United Healthcare of Texas, Inc, defendant.


MEMORANDUM OPINION AND ORDER

COBB, District Judge.

In the plaintiff's Motion to Remand (doc. # 3), the issue before the court is the extent of ERISA preemption when there are claims under both the Texas Insurance Code and for breach of contract. Upon review of the motions and response on file, the court is of the opinion that the motion should be DENIED for the reasons set forth below.

I. Factual and Procedural Synopsis

Baptist Hospital...

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