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Labor & Employment Law
: Ross' Employment Law BlogSCOTUS case on Federal Employees Health Benefits Act preemption is settled
The US Supreme Court today dismissed Health Care Svc Corp v. Pollitt because it has been settled by the parties.
Oral argument had been scheduled for March 3.
The 7th Circuit held: (1) the Federal Employees Health Benefits Act does not "completely preempt" state law (which would have made the case removable and subject to dismissal), and (2) assuming Health Care Services Corp was acting on Department of Labor orders, the federal officer removal statute allows removal but the case must be dismissed because the named defendant is the insurance carrier rather than the Office of Personnel Management or the employing federal agency.
Full post as published by Ross' Employment Law Blog on February 24, 2010 (boomark / email).
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