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GROUP HOSPITALIZATION AND MED. SERVICES v. MERCK-MEDCO MANAGED CARE, LLP

Civil No. 03-3993 (JBS).

295 F.Supp.2d 457 (2003)

GROUP HOSPITALIZATION AND MEDICAL SERVICES, d/b/a Care-First Blue Cross Blue Shield, Plaintiff, v. MERCK-MEDCO MANAGED CARE, LLP, Paid Prescriptions, LLC, and National RX, Inc., Defendants.

United States District Court, D. New Jersey.

December 15, 2003.

Attorney(s) appearing for the Case

Steven J. Fram, Esquire, Joseph A. Martin, Esquire, Archer & Greiner, Haddonfield, NJ, and W. Scott Simmer, Esquire, Kathleen D. Pitzer, Esquire, Robins, Kaplan, Miller & Ciresi, LLP, Washington, D.C., for Plaintiff.

Michael J. Vassalotti, Esquire, Brown & Connery, LLP, Westmont, NJ, and James P. Tallon, Esquire, Tammy P. Bieber, Esquire, Shearman & Sterling, LLP, New York, NY, for Defendants.

OPINION

SIMANDLE, District Judge.

It is well-established that solely state law causes of action are nonetheless preempted by the Employee Retirement Income Security Act ("ERISA") and subject to the exclusive jurisdiction of the federal court if the cause of action falls within the scope of ERISA's civil enforcement provision, ERISA § 502(a), 29 U.S.C. § 1132(a). The issue presented here is whether the state law fiduciary duty claims of a plaintiff...

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