A federal district court in New Jersey granted Anthem Blue Cross Blue Shield’s motion to dismiss this action by Premier Orthopaedic Associates of Southern NJ seeking to recover costs for providing out-of-network medical treatment. The court declined to find that ERISA preempts Premier’s state-law claims, but said that Premier’s complaint lacked enough facts to state plausible claims for breach of contract, promissory estoppel, and account stated claims.
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