Cleghorn v. Blue Shield Of California

408 F.3d 1222 Douglas D. CLEGHORN, individually, on behalf of other similarly-situated persons and on behalf of the public, Plaintiff-Appellant, v. BLUE SHIELD OF CALIFORNIA, dba CareAmerica, Defendant-Appellee. No. 03-55528. United States Court of Appeals, Ninth Circuit. Argued and Submitted February 10, 2005. Filed May 23, 2005. Sharon J. Arkin, Robinson, Calcagnie & Robinson, Newport Beach, CA, for the plaintiff-appellant. Gregory N. Pimstone, Terri D. Keville, Manatt, Phelps & Phillips, LLP, Los Angeles, CA, for the defendant-appellee. Appeal from the United States District Court for the Central District of California; David O. Carter, District Judge, Presiding. D.C. No. CV-02-00852-DOC. Before: PREGERSON, CANBY, and TALLMAN, Circuit Judges. CANBY, Circuit Judge: 1 We are presented once again with a question concerning the degree to which the federal Employee Retirement Income Security Act ("ERISA") preempts state law. Douglas D. Cleghorn is a participant in his employer's ERISA health plan offered by Blue Shield of California (doing business as CareAmerica) ("Blue Shield"). On one occasion he sought and received emergency medical services and Blue Shield denied…