United States Tenth Circuit

Dismissal of state-law claims brought by husband and wife, beneficiaries of a group health insurance policy sold and underwritten by defendant and purchased through his employer-Indian tribe, is vacated and remanded where it was not clear whether the tribal plan at issue fell under a new definition of "governmental plan," for purposes of ERISA preemption.

Appellate Information

• Decided 01/30/2007
• Published 01/31/2007

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, McKAY, and HENRY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Shawn D. Mitchell, Broomfield, CO, appearing for Appellants.


• For Appellees:
  
• John R. Mann (Dean A. McConnell and Tatiana Taylor, on the briefs), Kennedy Childs & Fogg, P.C., Denver, CO, appearing for Appellee.