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SMITH v. CONTINENTAL CAS. CO.

No. 2:02-CV-1915-JKG.

303 F.Supp.2d 560 (2002)

Eric SMITH v. CONTINENTAL CASUALTY COMPANY

United States District Court, E.D. Pennsylvania.

September 16, 2002.

Attorney(s) appearing for the Case

Eric L. Keepers, Joseph F. Roda, Roda & Nast PC, Lancaster, PA, for Plaintiff.

Michael J. Burns, Christie, Pabarue, Mortensen $ Young, Tara B. Dickerman, Obermayer, Rebmann, Maxwell & Hippel LLP, Philadelphia, PA, for Defendant.

MEMORANDUM

WALDMAN, District Judge.

Plaintiff asserts a claim for benefits under the Employee Retirement Income Security Act ("ERISA") and a state law bad faith claim under 42 Pa.C.S.A. § 8371 arising from the denial of long-term disability insurance benefits by defendant.1 Defendant has moved to dismiss the state law bad faith claim as preempted by ERISA and concomitantly to strike plaintiffs demand for punitive...

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