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GABLES INS. RECOVERY, INC. v. FLORIDA BLUE

No. 15-10459.

813 F.3d 1333 (2015)

GABLES INSURANCE RECOVERY, INC., as assignee of South Miami Chiropractic LLC, Plaintiff-Appellant, v. BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 1, 2015.

Attorney(s) appearing for the Case

George Bartram Billbrough, Billbrough & Marks, PA, Coral Gables, FL, Robert Nelson Pelier, Law Office of Robert N. Pelier, PA, Thomas R. Poole, Gables Insurance Recovery, Inc., Miami, FL, for Plaintiff-Appellant.

Daniel Alter, Jeffrey T. Kuntz, Grayrobinson, PA, Fort Lauderdale, FL, for Defendant-Appellee.

Before MARCUS and JILL PRYOR, Circuit Judges and RESTANI, Judge.

Gables Insurance Recovery, Inc. ("Gables") appeals the district court's omnibus order denying its motion to remand and granting Blue Cross and Blue Shield of Florida, Inc.'s ("Florida Blue") motion to dismiss. The district court held that because the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132(a)(1)(B),...

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