United States Fourth Circuit

Although ERISA completely preempts plaintiff's state-law claims for reimbursement of monies paid to defendant pursuant to a subrogation term in its policy that was issued as an employee benefit plan, dismissal of the claims is reversed and ordered that they must be taken as ERISA claims and resolved under section 502(a) of ERISA.

Appellate Information

• Decided 07/03/2003
• Published 07/03/2003

Judges

• Before NIEMEYER, MICHAEL, and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED: Frank Paul Bland, Jr., Trial Lawyers For Public Justice, Washington, D.C., for Appellant.  Daly D.E. Temchine, Epstein, Becker & Green, P.C., Washington, D.C., for Appellee.   ON BRIEF: Kathy C. Potter, Epstein, Becker & Green, P.C., Washington, D.C., for Appellee.