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As 3rd Circuit Judge Edward R. Becker sees it, perfectly valid lawsuits against HMOs are routinely being tossed out of court due to the unfairness of the pre-emption provisions in ERISA, and either Congress or the U.S. Supreme Court had better do something about it soon. In a lengthy and powerfully worded concurring opinion in DiFelice v. Aetna , Becker outlined a series of possible solutions to the problem, including a rewriting of ERISA.
October 16, 2003 at 12:00 AM
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The original version of this story was published on Law.Com
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