United States Seventh Circuit

In a suit for negligent misrepresentation and estoppel over defendant-benefit plan's refusal to pay for medical services provided by plaintiff-provider, denial of plaintiff's motion to remand to state court is reversed and dismissal of claims is vacated where, because the claims related to an alleged misrepresentation rather than a mere denial of benefits, and because the duties alleged to have been breached had a basis independent from the ERISA statute, the doctrine of complete preemption did not apply and there was no federal jurisdiction.

Appellate Information

• Argued 05/09/2008
• Decided 07/31/2008
• Published 07/31/2008

Judges

• TINDER, Circuit Judge., Before FLAUM, KANNE, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Michael W. Gill, Craig R. Steger (argued), Hale, Skemp, Hanson, Skemp & Sleik, Lacrosse, WI, for Plaintiff-Appellant.


• For Appellees:
  
• Frederick Perillo (argued), Previant, Goldberg, Uelmen, Gratz, Miller & Brueggeman, Milwaukee, WI, for Defendant-Appellee.