Defendant United HealthCare Group filed a notice of removal to bring a lawsuit brought against it by Greenpoint Chiropractic to the Eastern District of New York from state court, asserting federal law preempts the state claims.
The original complaint accused the defendant of breach of contract, fraud, account stated, and a breach of fair dealing and good faith. Specifically, Greenpoint claimed that UnitedHealth failed to pay for services the plaintiff provided to United’s members as required by the health insurance contract. The plaintiff alleged that United improperly denied its benefit claims and, as a result, it is seeking payment for these services.
The defendant seeks to remove this action to the federal court because the plaintiff’s complaint seeks payment of benefits to at least one employee under the Employee Income Retirement Security Act (ERISA). The notice of removal concludes that the plaintiff’s state law basis for its causes of action are completely preempted by ERISA.
The defendant is represented by Robinson & Cole LLP.
