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RICE v. PANCHAL

No. 94 C 3921.

875 F.Supp. 471 (1994)

David RICE, Plaintiff, v. Kanu PANCHAL, M.D.; Rodrigo Sotillo, M.D.; Rodrigo Sotillo, P.C., a corporation, and Prudential Health Care Plan, Inc., a corporation, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

December 8, 1994.

Attorney(s) appearing for the Case

Susan Elizabeth Loggans, Susan E. Loggans and Associates, Chicago, IL, for plaintiff David Rice.

Joseph J. Hasman, David Faulkner Schmidt, Peterson & Ross, Chicago, IL, for defendant Prudential Health Care Plan, Inc., a corp.

MEMORANDUM OPINION AND ORDER

PLUNKETT, District Judge.

Does the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq., preempt a participant in an ERISA plan from suing that plan under a state common law theory of respondeat superior based on malpractice by the plan's health care providers?

In this case, the Plaintiff, David Rice ("Rice"), belonged to a health care program set up by his employer, Handy...

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