600 Camp
Commercial Litigation in
the U.S. Court of Appeals
for the Fifth Circuit

ERISA preemption matter resolved by en banc court

October 8, 2012

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).