Nga Bui v. American Telephone & Telegraph Co.

INTRODUCTION

■ We reverse and remand in part, and affirm in part, the district court’s grant of summary judgment in favor of defendants, American Telephone and Telegraph Company Incorporated (“AT & T”), Lucent Technologies, Inc. (together, “AT & T/Lu-eent”), and International SOS Assistance, Inc. (“SOS”). The district court granted summary judgment on the ground that the Employee Retirement Income Security Act of 1974 1 (“ERISA”) preempted all of plaintiffs claims. We conclude that ERISA preempts only those claims based upon administrative decisions, not those claims asserting medical malpractice. Thus, we reverse' and remand on the claims against Lucent and SOS that allege malpractice and do not require interpretation of the ERISA plan. We affirm on the claims against AT & T and Lucent that involve ERISA administrative decisions or otherwise require construing the ERISA plan. '

FACTS

. ■ Plaintiff, Nga Bui, brings this action as the representative of her deceased husband’s estate. Her husband, Hung M. Duong, died at Erfan Hospital, in Jeddah, Saudi Arabia, on August 10, 1996. Immediately preceding his death, Duong underwent two unsuccessful operations, one of which had never…