JUNE 2018 BAD FAITH CASES: NEW JERSEY FEDERAL JUDGE REITERATES THAT ERISA PRE-EMPTS COMMON LAW BAD FAITH CLAIMS (District of New Jersey)

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Federal District Judge Wolfson recently issued two opinions in which the court reiterates that ERISA pre-empts New Jersey common law insurance bad faith claims.

Dates of Decision: May 31, 2018 and June 7, 2018

Atlantic Shore Surgical Assocs. v. Horizon Blue Cross Blue Shield of N.J., U. S. District Court, District of New Jersey Civil Action No.17-cv-07534 (FLW) (DEA), 2018 U.S. Dist. LEXIS 90734 (D.N.J. May 31, 2018) (Wolfson, J.)

Advanced Orthopedics & Sports Med. Inst. v. Empire Blue Cross Blue Shield, U.S. District Court New Jersey Civil Action No. 17-cv-08697 (FLW) (LHG), 2018 U.S. Dist. LEXIS 96814 (D.N.J. June 7, 2018) (Wolfson, J.)

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