Eric Patterson v. UnitedHealth Group, Inc. -Northern District of Ohio at Cleveland

Circuit 6Dec 2, 2025

Split Score

SplitScore: 65/100

Case Summary

Disposition

Affirmed

The Sixth Circuit held that Eric Patterson’s state-law fraud, conversion, unjust-enrichment, and conspiracy claims—filed over his insurer’s collection of $25,000 in accident-recovery reimbursement—are completely pre-empted by ERISA. Applying the two-step Davila test, the Court ruled that the claims seek benefits due under the plan and depend entirely on plan terms, affirmed removal, and permitted dismissal to avoid duplicative litigation already pending under ERISA.

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Circuit Split Identified

Legal Issue

Whether state-law suits challenging an ERISA plan’s asserted reimbursement right are completely pre-empted by ERISA and therefore removable under 29 U.S.C. § 1132(a)(1)(B).

Circuit Positions

Circuit 3Circuit 4Circuit 5Circuit 6(this circuit)Circuit 9

State-law challenges to ERISA reimbursement demands are completely pre-empted under § 1132(a)(1)(B) (removable).

Circuit 2

Such challenges are not completely pre-empted because they arise under state insurance law, not plan terms.

Conflict Summary

Most circuits hold that a beneficiary’s state-law challenge to a plan’s reimbursement claw-back is, in essence, a claim to recover benefits due under § 1132(a)(1)(B) and is therefore completely pre-empted and removable to federal court. The Second Circuit, by contrast, treats such claims as based on independent state insurance law duties and not pre-empted under Davila’s first prong.

Parties & Counsel

Parties

Appellant:Eric L. Patterson
Appellee:UnitedHealth Group, Inc.; United Healthcare Services, Inc.; United Healthcare Insurance Company; Optum, Inc.; Swagelok Company

Legal Counsel

Appellant:Patrick J. Perotti, Patrick J. Brickman (Dworken & Bernstein Co., L.P.A.); Benjamin P. Pfouts (The Henry Firm)
Appellee:Wesley E. Stockard (Littler Mendelson, P.C.); Noah G. Lipschultz (Littler Mendelson, P.C.)