United States First Circuit

Because a claim against an insurer for unfair claim settlement practices involves a "benefit" under ERISA, removal jurisdiction was proper; claim is preempted by ERISA and does not fall under the "saving clause" exempting any state law that regulates insurance.

Appellate Information

• Decided 06/11/2002
• Published 06/11/2002

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, SELYA and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Thomas J. Lynch with whom Lynch Associates, LLC was on brief for appellant.


• For Appellees:
  
• Joseph D. Halpern, Blue Cross and Blue Shield of Massachusetts, Inc., Law Department, with whom Sara A. Walker was on brief for appellee.