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« Wondering What the CFPB Commission "Debate" is About? | Main | Green Tree Servicing Survives Motion to Dismiss ... As A PLAINTIFF. »

January 16, 2017

NO GETTING AROUND IT.  ERISA'S VACUUM LIKE POWERS ...

... PREEMPT RELEASE OF MEDICALS, AIDS INFORMATION PROHIBITED BY ILLINOIS STATE LAWS.

No question of cyberinsurance here, it seems.  A person sued a health insurer and other group plan defendants because her medical and AIDS information was all allegedly released to public view in violation of Illinois State laws.

The insurance company swiftly removed her case to federal court and just as swiftly argued for ERISA preemption without filing an answer or a motion to dismiss (yet).  A federal judge agreed that the vacuum-like powers of ERISA preemption scooped up the plaintiff's claims here.

"For the reasons discussed, plaintiff's state law claims are preempted because they fall entirely within ERISA."   Doe v. Aetna Inc., No. 16 C 8390, 2017 WL 118417, at *3 (N.D. Ill. January 12, 2017).

TODAY IS DR. MARTIN LUTHER KING, JR. DAY.  PERFORM AN ACT OF KINDNESS, especially IF THE RECIPIENT HAS NOT EARNED IT!  IT'S ABOUT YOU, NOT ABOUT THE ONE WHO receives YOUR KINDNESS!

Please Read The Disclaimer.  ©2017 by Dennis J. Wall.  All Rights Reserved.

Posted by on January 16, 2017 at 05:19 AM in Cyber Risks & Cyberinsurance, ERISA Claims |

Tags: AIDS, cyber, ERISA, Illinois, information, insurance, medicals, preemption, privacy, public, risks

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