Advancepcs v. Bauer

Full title: ADVANCEPCS et al. v. BAUER et al

Court: Court of Appeals of Georgia

Date published: Feb 21, 2007

642 S.E.2d 342 (Ga. Ct. App. 2007)

283 Ga. App. 652

Opinion

No. A05A0455.

DECIDED FEBRUARY 21, 2007.

Unjust enrichment. Fulton Superior Court. Before Judge Goger.

Holland Knight, Susan W. Housen, Laurie W. Daniel, for appellants.

Fine Block, Kenneth I. Sokolov, for appellees.

PHIPPS, Judge.

In AduancePCS v. Bauer,¹ the Supreme Court of Georgia ruled that the plaintiffs' claims are preempted by the provisions of the Employee Retirement Income Security Act of 1974 (ERISA)² and reversed the judgment of this court in AdvancePCS v. Bauer. ³ Therefore, we vacate our earlier opinion and adopt the opinion of the Supreme Court as our own. Accordingly, the judgment of the trial court is reversed.

1 280 Ga. 639 ( 632 SE2d 95) (2006).

2 29 USC § 1001 et seq.

3 274 Ga. App. 381 ( 617 SE2d 637) (2005).

Judgment reversed. Barnes, C. J., Andrews, P. J., Johnson, P. J., Blackburn, P. J., Ruffin and Mikell, JJ., concur.

PHIPPS, Judge.

DECIDED FEBRUARY 21, 2007.