Burgett et al v. Appalachian Regional Healthcare, Inc. et al
Samuel Burgett |
Metropolitan Life Insurance Company and Appalachian Regional Healthcare, Inc. |
6:2013cv00191 |
September 26, 2013 |
US District Court for the Eastern District of Kentucky |
London Office |
Perry |
Karen K. Caldwell |
Employee Retirement Income Security Act of 1974 |
29 U.S.C. ยง 1132 |
Plaintiff |
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Filing 11 OPINION & ORDER: 1) the plaintiff's motion to remand (DE 8 ) is DENIED;2) the defendants' motion to dismiss (DE 4 ) the plaintiff's state law claims is GRANTED; 3) the plaintiff's common-law claims for breach of contract, misrep resentation, breach of fiduciary duty, and bad faith and his claims that the defendants violated the Kentucky Consumer Protection Act (KCPA) and the Kentucky Unfair Claims Settlement Practices Act (KUCSPA) are DISMISSED; and 4) the plaintiff's c laims for punitive damages and damages for emotional pain and suffering, worry, financial distress, inconvenience and any other extra- contractual damages other than the statutory penalty provided for in 29 U.S.C. § 1132(c)(1)(B) and 29 CFR § 2575.502c-1 are DISMISSED.. Signed by Judge Karen K. Caldwell on 5/30/2014.(MRS)cc: COR |
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