United States First Circuit
Lopez-Munoz v. Triple-S Salud, Inc., 13-1417
Dismissal of an action asserting local law claims for damages arising out of defendant-health insurer's refusal to cover plaintiff's lap band medical procedure is reversed and remanded, where: 1) the Federal Employees Health Benefits Act of 1959 (FEHBA) does not completely preempt local-law tort and contract claims arising out of a refusal by an FEHBA insurer to cover a medical procedure; and thus, 2) the removal of this case to federal court cannot be justified on the basis of complete preemption.
Appellate Information
- Decided 05/09/2014
- Published 05/09/2014
Judges
- SELYA
Court
- United States First Circuit