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ACCESS MEDIQUIP L.L.C. v. UNITEDHEALTHCARE INS.

No. 10-20868.

662 F.3d 376 (2011)

ACCESS MEDIQUIP L.L.C., a Texas Limited Liability Company, Plaintiff-Appellant, v. UNITEDHEALTHCARE INSURANCE COMPANY, A Connecticut Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 8, 2011.

Attorney(s) appearing for the Case

D. Brian Hufford (argued), Pomerantz, Haudek, Grossman & Gross, L.L.P., New York City, Stephen Novack, Givonna L. Long, Christopher S. Moore, Stephen J. Siegel, Novack & Macey, L.L.P., Chicago, IL, for Plaintiff-Appellant.

JoAnn Dalrymple (argued), Jackson Walker, L.L.P., Austin, TX, Paula Denney, Jackson Walker, L.L.P., Houston, TX, Scott M. McElhaney, Jackson Walker, L.L.P., Dallas, TX, for Defendant-Appellee.

Before REAVLEY, ELROD and GRAVES, Circuit Judges.

REAVLEY, Circuit Judge:

Access Mediquip L.L.C. ("Access") appeals a summary judgment for defendant UnitedHealthcare Insurance Company ("United"). The issue on appeal is whether Access's state-law claims of promissory estoppel, quantum meruit, unjust enrichment, negligent misrepresentation, and violations of the Texas Insurance Code, §§ 541.051(A) & (B) and 541.061(1) & (2), are preempted by the Employee Retirement Income Security Act, 29 U.S.C. ...

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