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NOTT v. AETNA U.S. HEALTHCARE, INC.

Civil Action No. 03-CV-4044.

303 F.Supp.2d 565 (2004)

Arlene NOTT, on behalf of herself and all others similarly situated, v. AETNA U.S. HEALTHCARE, INC.

United States District Court, E.D. Pennsylvania.

January 23, 2004.

Attorney(s) appearing for the Case

Ronald J. Smolow, Smolow & Landis, Trevose, PA, for Plaintiff.

Raymond A. Quaglia, Ballard, Spahr, Andrews & Ingersoll, L LP, Philadelphia, PA, for Defendant.

MEMORANDUM AND ORDER

SAVAGE, District Judge.

In this putative class action removed from the state court, the plaintiff challenges defendant Aetna U.S. Healthcare, Inc.'s ("Aetna") right to enforce its contractual subrogation claim against plaintiffs tort recovery, contending that it violates the Pennsylvania Motor Vehicle Financial Responsibility Law's ("MVFRL") bar against subrogation. Aetna argues that the action is completely preempted because...

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