United States Seventh Circuit

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Franciscan Skemp Healthcare, Inc. v. Cent. States Joint Bd. Health & Welfare Trust Fund, 07-3456

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.