MARIN GENERAL HOSP. v. MODESTO & EMPIRE TRACTION

No. 07-16518.

581 F.3d 941 (2009)

MARIN GENERAL HOSPITAL, a non-profit California corporation, Plaintiff-Appellant, v. MODESTO & EMPIRE TRACTION COMPANY, a California corporation; Medical Benefits Administrators of MD, Inc., a Maryland corporation; Ronald J. Wilson, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2009.


Attorney(s) appearing for the Case

Viola Rita Brown, Gregory C. Lehman, Joy Young Stephenson, Barry Sullivan, Stephenson Acquisto & Colman, Burbank, CA, for the appellant.

Bradley Alan Post, Borton Petrini LLP, Fresno, CA, Christopher H. White, Ross Dixon & Bell, Daniel J. Zollner, Dykema Gossett, PLLC, Chicago, IL, for the appellees.

Before D.W. NELSON, W. FLETCHER and RICHARD C. TALLMAN, Circuit Judges.


WILLIAM A. FLETCHER, Circuit Judge:

We consider in this case whether § 502(a)(1)(B) of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132(a)(1)(B), completely preempts a state-law action for breach of contract, negligent misrepresentation, quantum meruit and estoppel. Because the state-law claims could not be pursued under § 502(a)(1)(B), and because they rely on legal duties that are independent from duties under any benefit plan...

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