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WALDSCHMIDT v. AETNA U.S. HEALTHCARE

No. 02C827.

225 F.Supp.2d 560 (2002)

Carol WALDSCHMIDT, in her own right and as Administratrix of the Estate of Robert Waldschmidt, deceased, Plaintiff, v. AETNA U.S. HEALTHCARE; St. John's Lutheran Care Center; Allegheny General Hospital West Penn Allegheny Health System, Antonios Zikos; Ravikumar Alagar and Evelyn Berwick, Defendants.

United States District Court, W.D. Pennsylvania.

August 14, 2002.

Attorney(s) appearing for the Case

Daniel M. Berger, Berger & Lagnese, Pittsburgh, PA, for plaintiff.

Scott D. Livingston, Marcus & Shapira, Deborah D. Olszewski, Olszewski & Quinlin, James A. Wood, Christopher K. McNally, Israel, Wood & Puntil, Pittsburgh, PA, for defendants.

OPINION and ORDER OF COURT

AMBROSE, District Judge.

SYNOPSIS

Pending is Plaintiff's Motion to Remand (Docket No. 9) an action which had been removed to this Court on the basis of complete preemption under ERISA. Plaintiff contends that her husband's death is attributed to his health care provider's decision to place him in a substandard nursing facility, insisting that her claim focuses...

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