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Fairmont Insurance Brokers Ltd. v. HR Service Group d/b/a Infiniti HR

Docket 1:23-cv-08654, New York Eastern District Court (Nov. 21, 2023)
Judge Nicholas G. Garaufis, presiding, Magistrate Judge Lois Bloom
Employee Retirement (ERISA)
DivisionBrooklyn
FlagsACO, DECLINED-CONSENT, MJI
Cause28:1132 E.R.I.S.A.
Case Type791 Employee Retirement (ERISA)
Tags791 Employee Retirement, Erisa, 791 Employee Retirement, Erisa
Plaintiff Fairmont Insurance Brokers Ltd.
Defendant HR Service Group d/b/a Infiniti HR
Plaintiff Fairmont Insurance Brokers LTD.
...
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No. 16 MEMORANDUM & ORDER, Infiniti's motion to dismiss is DENIED, Fairmont's request for oral argument ...

Document Fairmont Insurance Brokers Ltd. v. HR Service Group d/b/a Infiniti HR, 1:23-cv-08654, No. 16 (E.D.N.Y. Nov. 22, 2024)
Infiniti now moves to dismiss the Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6), on the ground that Fairmont's claims are completely preempted by the Employee Retirement Income Se curity Act of 197 4 ("ERISA'').
In other words, "it was incumbent upon [Infiniti], under the Contract, to ensure that health care services for the [e]mployees were provided without interruption, and to promptly address any issues that arose in the course of fulfilling these obligations."
Before the Court is Infiniti's March 15, 2024 motion to dismiss the Complaint in its entirety2 pursuant to Federal Rule of Civil Procedure 12(b) (6), on the ground that "ERISA preempt[s] all of Fairmont's state law claims."
The Court noted that Section 502(a)'s enforcement mechanism is "a distinctive feature of ERISA, and essential to accomplish Congress' purpose of creating a comprehensive statute for the regulation of employee benefit plans."
Fairmont does not respond to Infiniti's argument, instead assert ing that it could not have brought its claims under Section Case 1:23-cv-08654-NGG-LB Document 16 Filed 11/22/24 Page 16 of 23 PageID #: 502(a) (1) (B), which allows for suit by plan participants and ben eficiaries only.
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