Posted on September 9, 2008November 13, 2018 by PA Bad Faith Blog SEPTEMBER 2008 BAD FAITH CLAIMSBAD FAITH CLAIMS PREEMPTED BY ERISA (Philadelphia Federal) The court held that state law claims, including bad faith claims, were preempted by ERISA. Date of Decision: July 21, 2008 Brown v. Independence Blue Cross, No. 08-1355, 2008 U.S. Dist. LEXIS 55294 (E.D. Pa. July 21, 2008) (Shapiro, J.)