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BENEFIT RECOVERY, INC. v. DONELON

No. 07-30414.

521 F.3d 326 (2008)

BENEFIT RECOVERY, INC., Plaintiff-Appellant, v. James J. DONELON, In His Official Capacity as Commissioner of Insurance for the State of Louisiana, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 11, 2008.

Attorney(s) appearing for the Case

Perry R. Staub, Jr., Donald J. Miester, Jr. (argued), Larry E. Demmons, Taggart, Morton, Ogden, Staub & O'Brien, New Orleans, LA, for Plaintiff-Appellant.

Thomas More Flanagan (argued), William Michael Ross, F.A. Little, Jr., Stanley, Flanagan & Reuter, New Orleans, LA, Lorraine Adrienne Dupont, Louisiana Dept. of Ins., Baton Rouge, LA, for Defendant-Appellee.

Before REAVLEY, SMITH and DENNIS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Benefit Recovery, Inc. ("Benefit"), sued the Louisiana Commissioner of Insurance in his official capacity;1 the district court granted summary judgment for the Commissioner, holding that the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001 et seq., does not preempt Directive 175, which the Commissioner had issued. We affirm.

I.

In early 2003,...

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