United States Eighth Circuit

The Women's Health and Cancer Rights Act does not create a private right of action which would permit a plaintiff to maintain an action for tortious breach of a statute. Also, plaintiff's state law claims that her insurance plan's failure to cover the costs of breast reconstruction surgery violated Iowa public policy, were a breach of contract, and done in bad faith, were all preempted by ERISA.

Appellate Information

• Decided 06/07/2002
• Published 06/07/2002

Judges

• PER CURIAM., Before BOWMAN, LAY, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Roxanne Barton, argued, Des Moines, IA, for appellant.


• For Appellees:
  
• Micael W. Thrall, argued, Des Moines, IA (John B. Tuffnell, on the biref), for appellee.