# Board of Trustees of the Laborers Health & Welfare Trust Fund v. Doctors Medical Center

> Court of Appeals for the Ninth Circuit · September 14, 2009 · 351 F. App'x 175

URL: https://www.frixlaw.com/law-library/cases/8473929

## Case

- **Full name:** BOARD OF TRUSTEES OF THE LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA v. DOCTORS MEDICAL CENTER OF MODESTO American Arbitration Association
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** September 14, 2009
- **Citations:** 351 F. App'x 175
- **Precedential status:** Published
- **Opinion:** Dissent by Tallman
- **Judges:** Fletcher, Nelson, Tallman
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8473929

## Opinion text

TALLMAN, Circuit Judge,
dissenting:
I respectfully disagree with the majority’s conclusion that federal subject matter jurisdiction is lacking. This is nothing more than a dispute over medical necessity for an extra day of hospitalization — a typical claim for benefits due under an ERISA plan covering the patient. I believe that the underlying dispute falls squarely within the test articulated by the Supreme Court in Aetna Health Inc. v. Davila, 542 U.S. 200 , 124 S.Ct. 2488 , 159 L.Ed.2d 312 (2004), and would conclude that the Hospital’s claims are subject to complete preemption under § 502(a)(1)(B) of the Employee Retirement Income Security Act, 29 U.S.C. § 1132 (a)(1)(B). Therefore, I dissent.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8473929. Public record. Not legal advice.