City of Hope National Medical Center v. AFL Hotel & Restaurant Workers' Health & Welfare Plan

Good Law
446 F. App'x 53
United States Court of Appeals for the Ninth CircuitJuly 28, 201109-56236California429 words

Opinion

Opinion

MEMORANDUM

City of Hope National Medical Center appeals the district court’s dismissal of its complaint against AFL Hotel & Restaurant Workers’ Health & Welfare Plan on the ground that its claims were preempted by the Employee Retirement Income Security Act (ERISA). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand.

The district court determined that City of Hope’s common law claims were preempted under the “conflict preemption” clause of ERISA, which provides that ERISA shall generally “supersede any and all State laws insofar as they may now or hereafter relate to any employee benefit plan.” 29 U.S.C. § 1144 (a). The parties do not contest the district court’s determination that the AFL plan at issue is an “employee benefit plan” under ERISA.

A common law claim relates to an employee benefit plan governed by ERISA “ ‘if it has a connection with or reference to such a plan.’ ” New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Ins. Co., 514 U.S. 645, 656 , 115 S.Ct. 1671 , 131 L.Ed.2d 695 (1995) (quoting Shaw v. Delta Air Lines, Inc., 463 U.S. 85, 96-97 , 103 S.Ct. 2890 , 77 L.Ed.2d 490 (1983)).

Accepting the allegations in…

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