United States Fifth Circuit

In an action alleging underpayment of health insurance proceeds to a service provider, an order remanding the case is vacated where plaintiff was not seeking relief that duplicated, supplemented or supplanted that provided by ERISA, but the district court did not determine whether any of the payment claims submitted by plaintiff implicated a coverage determination under the plan and thus a federal issue under ERISA.

Appellate Information

• Decided 08/18/2009
• Published 08/18/2009

Judges

• EMILIO M. GARZA, Circuit Judge:, Before HIGGINBOTHAM, GARZA and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Martin Jonathan Siegel (argued), Law Offices of Martin J. Siegel, Houston, TX, Stephen W. Boyd, Boyd & Holland PLC, San Antonio, TX, for Plaintiff-Appellee., John Bruce Shely (argued), Cameron P. Pope and Dimitri Zgourides, Andrews Kurth, L.L.P., Houston, TX, for Defendant-Appellant.