United States Tenth Circuit

Oklahoma's bad faith law is not saved from preemption under ERISA because it does not regulate insurance, and it is therefore preempted because it relates to an employee benefit plan and conflicts with ERISA's civil enforcement scheme.

Appellate Information

• Decided 02/20/2003
• Published 02/20/2003

Judges

• BRORBY, Senior Circuit Judge., Before O'BRIEN and McWILLIAMS, Circuit Judges, and BRORBY, Senior Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Joseph F. Clark, Jr., Tulsa, OK, for Plaintiff-Appellant.


• For Appellees:
  
• Mark D. Spencer (Henry D. Hoss and Amy T. Kranenburg) of McAfee & Taft, P.C., Oklahoma City, OK, for Defendants-Appellees.