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PATERNO v. ALBUERNE

No. 94-6237-CIV-GONZALEZ.

855 F.Supp. 1263 (1994)

Lori PATERNO, Plaintiff, v. Luis M. ALBUERNE, M.D., and Hip Health Plan of Florida, Inc. f/k/a Hip Network of Florida, Inc., Defendants.

United States District Court, S.D. Florida.

June 13, 1994.

Attorney(s) appearing for the Case

H. Dane Mottlau, Cohen & Cohen, P.A., Hollywood, FL and G. William Bisset, Hardy Bissett & Lipton, P.A., Miami, FL, for plaintiff.

Steven M. Ziegler, Steven M. Ziegler, P.A. Coral Gables, FL, for HIP Health Plan of Florida, Inc.

Jay Cohen, Klein, Tannen & Cohen, P.A., Hollywood, FL, for Dr. Luis M. Albuerne.

ORDER

GONZALEZ, District Judge.

THIS CAUSE has come before the Court upon Plaintiff's Motion to Remand. The matter has been fully briefed and is ripe for disposition.

The issue at hand is clearly in focus, as the parties agree that there is a split of authority on the determinative question: Does ERISA preempt the type of vicarious liability claim brought by Plaintiff against the defendant health plan? This question is further broken...

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