Akin Gump Defeats Medical Benefits Claims Against NFL in 5th Circuit ERISA Preemption Case

(Washington, D.C.) – The U.S. Court of Appeals for the 5th Circuit, in a unanimous decision, ruled in favor of Akin Gump client, the National Football League (NFL), that a state law tortious-interference claim against the league is preempted by the Employee Retirement Income Security Act of 1974 (ERISA).

Advanced Physicians, S.C., an Illinois medical clinic, sued the NFL in Illinois state court, claiming that the league had instructed the administrator of the NFL Players Insurance Plan to deny Advanced’s claims because the NFL was upset that some of the retired players were using Advanced’s diagnostic tests to support disability claims. The case was removed to federal court in Illinois, before being transferred to federal court in Texas where a related action was pending.

The district court dismissed the case on ERISA preemption grounds. On appeal, the 5th Circuit agreed that the “essence” of Advanced’s complaint is that the NFL wrongfully facilitated a coverage denial, and that ERISA allows Advanced to vindicate that claim. The court thus concluded that ERISA completely preempted Advanced’s tort claim, and affirmed the dismissal with prejudice.

Akin Gump Supreme Court and appellate partner James Tysse led the appeal and argued the case on behalf of the NFL. He was joined by labor and employment partners Dan Nash and Stacey Eisenstein, senior counsel Eric Field and counsel James Crowley; and Supreme Court and appellate practice head Pratik Shah, partner Julius Chen, senior counsel Aileen McGrath, counsel Lide Paterno and associate Margo Rusconi.

To read the court’s decision, please click here.

Akin Gump Strauss Hauer & Feld LLP is a leading international law firm with more than 900 lawyers in offices throughout the United States, Europe, Asia and the Middle East.

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