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.
- Argued 05/09/2008
- Decided 07/31/2008
- Published 07/31/2008
- TINDER, Circuit Judge., Before FLAUM, KANNE, and TINDER, Circuit Judges.
- United States Seventh Circuit
- 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.