FEBRUARY 2016 BAD FAITH CASES: ERISA DID NOT PREEMPT BAD FAITH CLAIM, AND THUS REMOVAL WAS IMPROPER (Philadelphia Federal)

In Fitzsimmons v. Aetna, Inc., the federal court found that ERISA did not preempt the alleged bad faith claims, and thus removal was improper.

Date of Decision:  January 7, 2016

Fitzsimmons v. Aetna, Inc., CIVIL ACTION NO. 15-3297, 2016 U.S. Dist. LEXIS 2115 (E.D. Pa. January 7, 2016) (Surrick, J.)