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State Law Claim for Invasion of Privacy Escapes ERISA Preemption: Rose v. HealthComp, Inc.

Posted on September 1, 2015 by pogowasright.org

Mark Thomas of Williams Mullen writes:

A federal court recently held that the plaintiff’s claims under state law survived ERISA preemption, and remanded the case to state court to determine the plaintiff’s claims for invasion of privacy and unfair business practices arising from the administrator’s disclosure of her medical records to her employer. While rooted tightly to its facts, Rose v. HealthComp, Inc., No. 1:15-cv-00619-SAB (E.D. California, August 10, 2015), illustrates some of the limits to the otherwise broad reach of ERISA preemption.

Read more on JDSupra.

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