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McCULLOCH ORTHOPAEDIC SURGICAL v. AETNA INC.

No. 15-2150-cv August Term, 2015.

857 F.3d 141 (2017)

McCULLOCH ORTHOPAEDIC SURGICAL SERVICES, PLLC, a/k/a Dr. Kenneth E. McCulloch, Plaintiff-Appellant, v. AETNA INC., dba Aetna Health and Life Insurance Co., et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 18, 2017.

Attorney(s) appearing for the Case

KENNETH J. McCULLOCH , Law Office of Kenneth J. McCulloch, New York, NY, for Plaintiff-Appellant.

EDWARD WARDELL ( Patricia A. Lee , on the brief), Connell Foley LLP, New York, NY, for Defendants-Appellees.

Before: Walker, Calabresi, and Hall, Circuit Judges.

We consider in this case whether the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001 et seq., completely preempts an "out-of-network" health care provider's promissory-estoppel claim against a health insurer where the provider (1) did not receive a valid assignment...

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