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United States Fifth Circuit


Bank of Louisiana v. Aetna US Healthcare Inc., 04-30986

Summary judgment for defendant-insurer in a dispute with a bank involving stop-loss coverage is reversed in part where the district court erred in holding that the bank-s state law claims of detrimental reliance, breach of contract, and misrepresentation were preempted by the Employee Retirement Income Security Act (ERISA).

Appellate Information

  • Decided 08/04/2006
  • Published 08/07/2006

Judges

  • EMILIO M. GARZA, Circuit Judge:, Before REAVLEY, GARZA and BENAVIDES, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Henry L. Klein (argued), New Orleans, LA, for Plaintiff-Appellant.

  • For Appellees:
  • Richard Guy Duplantier, Jr., Galloway, Johnson, Tompkins, Burr & Smith, New Orleans, LA, John Bruce Shely (argued), Kendall Matthew Gray, Andrews & Kurth, Houston, TX, for Defendants-Appellees.
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