ERISA preemption matter resolved by en banc court

After granting en banc review, and thus vacating the panel opinion in Access Mediquip v. United Healthcare, the en banc court has now reinstated the panel opinion and expressly overruled prior cases that were in tension with the panel’s analysis of ERISA preemption as to misrepresentation claims.  No. 10-20868 (Oct. 5, 2012).

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