United States Ninth Circuit

ERSIA preempts contract claims resting on administrative decisions made in the course of administering an ERISA plan, but does not preempt claims for negligence, including as to medical treatment and delay in treatment based on actions taken during the course of treatment or consultation, rather than ERISA administration.

Appellate Information

• Decided 11/15/2002
• Published 11/15/2002

Judges

• T.G. NELSON, Circuit Judge., Before: GOODWIN, T.G. NELSON, and GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Baolin Chen, Portland, OR, for the appellant.


• For Appellees:
  
• R. Daniel Lindahl and Lori K. DeDobbelaere, Dunn, Carney, Allen, Higgins & Tongue LLP, Portland, OR, and Jacqueline Wilson and John Skelton, Litigation Solutions Law Group LLP, Redwood City, CA, for the appellees.