GULF COAST PLASTIC SURGERY v. STANDARD INS. CO.

Civil Action No. 07-9363.

562 F.Supp.2d 760 (2008)

GULF COAST PLASTIC SURGERY, INC. and Dr. Edward M. Campbell v. The STANDARD INSURANCE COMPANY, Haywood Hillyer, and American International Specialty Lines Insurance Company.

United States District Court, E.D. Louisiana.

June 3, 2008.


Attorney(s) appearing for the Case

James Frederick Willeford, Jessica Michelle Vasquez, Reagan Levert Toledano, Willeford Law Firm, New Orleans, LA, for Gulf Coast Plastic Surgery, Inc. and Dr. Edward M. Campbell.

George Davidson Fagan, Margaret Frohn Swetman, Leake & Andersson, LLP, New Orleans, LA, Robert J. David, Jr., Michelle K. Buford, Juneau Law Firm, Lafayette, LA, for Haywood Hillyer, and American International Specialty Lines Insurance Company.


ORDER AND REASONS

SARAH S. VANCE, District Judge.

Before the Court is plaintiffs' motion to remand for lack of subject matter jurisdiction. At issue is whether the Employment Retirement Income Security ACT (ERISA), 29 U.S.C. § 1001, et seq., completely preempts plaintiffs' state law claims such that a federal question under ERISA exists. For the following reasons, the Court GRANTS plaintiffs' motion.

I. BACKGROUND

The...

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