Last month, we reviewed two Appellate Division cases concerning HMO liability that referenced the United States Supreme Court’s decision in Pegram v. Herdrich,[1]� a case involving a claim of HMO liability under the Employee Retirement Income Security Act of 1974, 29 USC 1001, et seq. (ERISA). In 1997, we first addressed the impact of ERISA on efforts to hold HMOs liable under state law as part of a three-part series we did on HMO liability,[2]� and revisited the subject two years later in light of the Court of Appeals’ decision in Nealy v. U.S. Health Care.[3]� The impact of Pegram on the substance and venue of cases brought in its wake merits further analysis.
The ‘Pegram’ Opinion
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