Jones v. South Williamsport School District, 4:11-cv-1179

On January 26, 2012, Chief Judge Kane granted in part Defendant Blue Cross’s motion to dismiss and granted Defendant South Williamsport School District and Defendant Lycoming Trust’s motion for judgment on the pleadings.  In this action, Plaintiff filed a lawsuit alleging breach of a fiduciary duty as well as several claims filed pursuant to the Employee Retirement Income Security Act after Defendants denied coverage for Plaintiff’s spinal surgery.  The Court determined that Plaintiff’s breach of fiduciary duty and ERISA claims could proceed against Defendant Blue Cross.  The Court found, however, that Plaintiff failed to plead sufficient facts to support a breach of contract claim and that Plaintiff’s claims against Defendants South Williamsport and Lycoming Trust were preempted by ERISA.

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