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Spilman Obtains Summary Judgment on ERISA Matter
Spilman served as lead counsel in contentious litigation arising from an HMO member’s attempt to evade ERISA’s civil enforcement provision by pleading state law claims of discrimination and witness intimidation, among others.  Spilman obtained summary judgment from Judge Martin Gaughan of the Circuit Court of Ohio County, West Virginia on the basis of complete pre-emption under ERISA and lack of subject matter jurisdiction.
ERISA & Managed Care Litigation Eric W. Iskra