Monday, September 27, 2004

The HMOs win again. On remand from the Supreme Court, the Second Circuit vacated its decision in Cicio v. John Does 1-8, and affirmed the decision of the District Court, dismissing the complaint. The Court held that under Aetna Health Inc. v. Davila, a Supreme Court case decided last term, the plaintiff's malpractice claim against her HMO was preempted by ERISA. The decision in this case can be found here.

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