News spread quickly among Pennsylvania plaintiffs lawyers in 2002 when a federal judge broke ranks with his colleagues and held that plaintiffs suing an HMO under ERISA could add a claim under the state's bad-faith statute. Only one other judge opted to follow him. But now the 3rd Circuit has ruled that the two judges were wrong and that any lingering doubts about the issue were clearly resolved by the U.S. Supreme Court's decision in Aetna Health Inc. v. Davila.
3rd Circuit Boots Theory Allowing Bad-Faith ERISA Litigation
The Legal Intelligencer
September 9, 2004