United States Second Circuit

In a dispute involving the effect of ERISA preemption on claims of breach of contract and quasi-contract, judgment of the district court is affirmed because: 1) an in-network health care provider may receive a valid assignment of rights from an ERISA plan beneficiary pursuant to ERISA section 502(a)(1)(B); 2) where a claim by a provider involves the right to payment and not simply the amount or execution of payment, that claim constitutes a colorable claim for benefits pursuant to section 502(a)(1)(B); and 3) on the facts of the case, some claims for reimbursement are completely preempted by federal law while the remaining state-law claims are subject to federal supplemental jurisdiction.

Appellate Information

• Decided 04/21/2011
• Published 04/21/2011

Judges

• CABRANES

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• JOHN G. MARTIN, JANE LAUER BARKER