Jean LEVINE, On behalf of herself and all others similarly situated
v.
UNITED HEALTHCARE CORPORATION (DC NJ 01-cv-04964)
Noreen Bogurski
v.
Horizon Blue Cross Blue Shield of New Jersey (DC NJ 01-cv-05339)
Benjamin Edmonson, On behalf of himself and all others similarly situated
v.
Jersey; Horizon Healthcare Services, Inc., dba Horizon Blue Cross Blue Shield of New Jersey (DC NJ 01-cv-05812)
United Healthcare Corporation Horizon Blue Cross Blue Shield of New Jersey, Appellants at No. 04-1224
Jean Levine, On behalf of herself and all others similarly situated
v.
United Healthcare Corporation (DC NJ 01-cv-04964)
Noreen Bogurski
v.
Horizon Blue Cross Blue Shield of New Jersey (DC NJ 01-cv-05339)
Jean Levine, Noreen Bogurski, * Benjamin Edmonson, Appellants at No. 04-1225.
* (Dismissed pursuant to Court's order of 11/17/04).
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued December 15, 2004.
March 16, 2005.
Attorney(s) appearing for the Case
William F. Hanrahan, (Argued), Edward A. Scallet, Jason H. Ehrenberg, Groom Law Group Chartered, Washington, DC, for Appellants/Cross Appellees United Healthcare Corp.
Edward S. Wardell, (Argued), Kelley Wardell & Craig, Haddonfield, NJ, for Appellants/Cross Appellees Horizon Blue Cross, etc., et. al.
Donna S. Moffa, (Argued), Trujillo Rodriguez & Richards, Haddonfield, NJ, for Appellees/Cross Appellants Noreen Bogurski.
Frank P. Solomon, (Argued), Weitz & Luxenberg, Cherry Hill, NJ, Natalie Bennett, Shepherd Finkelman Miller & Shah, Washington Professional Campus, Turnersville, NJ, for Appellees/Cross Appellants Jean Levine, etc.
Before NYGAARD and GARTH, Circuit Judges and POLLAK, District Judge.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
NYGAARD, Circuit Judge.
These interlocutory cross-appeals require us to address two different facets of the preemptive power of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001, et seq., as it applies to the instant dispute over an insurer's claimed right of subrogation from an insured's third-party tort recovery. First, the insured ERISA plan participants...
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