Danca v. Private Health Care Systems, Inc.

185 F.3d 1 23 Employee Benefits Cas. 1505 (Cite as: 185 F.3d 1)

United States Court of Appeals, First Circuit.

Pamela DANCA, Joseph Danca, Jr., Katelyn J. Danca and Lisa A. Danca,

Plaintiff, Appellants,

v.

PRIVATE HEALTH CARE SYSTEMS, INC., and

Phoenix Home Life Mutual Insurance Co., Defendants, Appellees.

No. 98-1754.

Heard April 9, 1999.

Decided Aug. 2, 1999.

Beneficiary of health plan governed by Employee Retirement Income Security Act (ERISA) brought suit in state court alleging, inter alia, negligence by insurer and utilization review firm hired by it, in denying request for placement of beneficiary in requested psychiatric facility. Defendants removed suit to federal district court. The United States District Court for the District of Massachusetts, 9 F.Supp.2d 27, Patti B. Saris, J., dismissed state claims as preempted by ERISA, and beneficiary appealed. The Court of Appeals, Stahl, Circuit Judge, held that: (1) case was properly removed, and (2) claims were preempted by ERISA.

Affirmed.

Leonard F. Zandrow, Jr., with whom John W. Brister and Brister & Zandrow, L.L.P. were on brief, for appellants.

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