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ARTICLE · 11 OCTOBER 2005

Healthcare Law - Winter 2005

This article highlights significant developments affecting the healthcare industry.

United StatesStrategy

Contents

  • Illinois Federal Court Declares "Medical Malpractice" Action Preempted By FEHBA - By Alexander Gareeb
  • California Voters Limit Unfair Business Practice Claims - By Alexander Gareeb
  • HIPAA Alert - By Alexander Gareeb
  • Silent PPOs: The New Litigation Trend - By Alexander Gareeb
  • ERISA Alert - By Alexander Gareeb

Illinois Federal Court Declares "Medical Malpractice" Action Preempted by FEHBA

Chicago partner Fred A. Smith and associate David M. Goldhaber secured the dismissal of a purported medical malpractice action they removed to federal court from the Circuit Court of Cook County (IL). In Eugene McCoy v. Unicare Life and Health Ins. Co. et al., 2004 WL 2358277 (N.D.Ill. Oct. 14, 2004), the court found the complaint "completely preempted" by the Federal Employee Health Benefits Act of 1998 (FEHBA). In denying plaintiff’s motion to remand to state court, the judge discussed the U.S. Supreme Court’s recent Aetna Health Inc. v. Davila decision and ruled that FEHBA

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