United States Second Circuit

Dismissal of an action to enjoin defendant-insurers from obtaining reimbursement of medical benefits from plaintiffs' tort settlements is vacated and remanded, where: 1) plaintiffs' claims do not satisfy the Supreme Court's test for being subject to complete ERISA preemption, which would have conferred federal subject‐matter jurisdiction; but 2) such jurisdiction exists, under the Class Action Fairness Act (CAFA); and 3) N.Y. Gen. Oblig. Law section 5‐335 is saved from express preemption under ERISA § 514, 29 U.S.C. section 1144, as a law that "regulates insurance."

Appellate Information

• Decided 07/31/2014
• Published 07/31/2014

Judges

• WALKER

Court

• United States Second Circuit

Counsel