A federal judge in Connecticut allowed a group of medical providers to avoid ERISA preemption and move forward with certain previously dismissed claims based on a state unfair insurance practices act, even though the providers failed in their complaint and briefing to distinguish the act as not being subject to the ERISA law.

U.S. District Judge Janet Bond Arterton in New Haven granted a reconsideration motion to the plaintiffs, which includes Dr. Steven Murphy and four medical groups, thereby allowing two of their previously dismissed counts, which related to both ERISA and non-ERISA plans, to go forward to the extent the counts are based on non-ERISA plans.