Climate Change Project

Table of Contents



Center for Public Health Law

HMO and Managed Care Law

Shea v. Esensten, 107 F.3d 625 (8th Cir.1997)

What did symptoms did Shea tell his doctor about?

Did the doctor refer Shea to a cardiologist?

What did Shea offer to do?

What happened to Shea?

Who did Shea work for?

Who is Medica?

What restrictions did it place on Shea's choice of physicians?

Who did Shea choose?

What might this matter legally?

What would his insurance pay?

What did he have to do before going to a specialist?

What was the side deal between the doctor and Medica?

What did the widow say this would have caused Shea to do?

What action did Shea file and where?

What was the underlying tort in this action?

Why did the case get moved to federal court?

What is federal preemption?

What did Shea's amended petition claim?

Why did the district court dismiss?

What is the extent of ERISA preemption as it applies in this case?

What is Medica's relationship to the health plan?

Would this trigger ERISA preemption?

Does ERISA preempt Shea's state law claims?


What was the congressional intent behind ERISA preemption?

Why does this allow removal to federal court?

What is Shea's claim under ERISA?

Why did Medica claim Shea was no longer a plan participant?

Did the court accept this?

What is her causation argument for damages under this theory?

How does this look like Moore?

How can this be stated another way?

Why does the court feel compelled to find that Mrs. Shea has standing?

What language in ERISA supports Shea's claim?

How does this look like Cobbs v. Grant?

What did congress do that specifically would include cases like Cobbs v. Grant?

What does Varity Corp. tell us?

What did the court say its opinion in Varity makes clear?

What does Eddy tell us?

Why did the district court ignore these claims?

How does this court see them?

How is this a logical extension of Moore?

Why did the district court think that disclosure was not necessary?

What information does this court believe would have surprised Seagate's employees?

What did Shea have the right to know?

Why is this duty to disclose especially important in this case?

What rule did the court establish?

What damages did the court specify?

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