United States Fifth Circuit

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). (Revised opinion)

Appellate Information

• Decided 10/18/2006
• Published 10/26/2006

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.